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PEOPLE v. FLEETWOOD

1696, 4784/00.

142 A.D.3d 861 (2016)

37 N.Y.S.3d 875

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE FLEETWOOD, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 27, 2016.

The court properly exercised its discretion in granting an upward departure based on defendant's egregious criminal history, which was not adequately accounted for in the risk assessment instrument, and which evinced a threat to public safety that outweighed the mitigating factors cited by defendant (see generally People v Gillotti, 23 N.Y.3d 841, 861 [2014]).

We have considered and rejected defendant's remaining...

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