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PEOPLE v. McLEAN

2102, 30097/14.

144 A.D.3d 423 (2016)

2016 NY Slip Op 07135

40 N.Y.S.3d 394

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEWART McLEAN, Appellant.

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

Decided November 1, 2016.

The court's discretionary upward departure was based on clear and convincing evidence of aggravating factors to a degree not taken into account by the risk assessment instrument (see e.g. People v Sherard, 73 A.D.3d 537 [1st Dept 2010], lv denied 15 N.Y.3d 707 [2010]). The court properly based its upward departure on factors including the extreme...

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