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PEOPLE v. PEREZ

1893, 3217/06.

143 A.D.3d 521 (2016)

2016 NY Slip Op 06748

39 N.Y.S.3d 424

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY PEREZ, Appellant.

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

Decided October 13, 2016.

The record supports the court's discretionary upward departure to level three. There was clear and convincing evidence to establish aggravating factors that were not otherwise adequately accounted for by the risk assessment instrument (see People v Gillotti, 23 N.Y.3d 841, 861-862 [2014]). Although defendant was assessed the maximum amount of points for his criminal history, the risk assessment instrument did not reflect the serious...

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