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PEOPLE v. RYAN

5388, 99002/16.

157 A.D.3d 463 (2018)

66 N.Y.S.3d 440

2018 NY Slip Op 00098

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARYL RYAN, Appellant.

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

Decided January 9, 2018.

The record supports the court's discretionary upward departure based on clear and convincing evidence establishing the existence of aggravating factors not adequately accounted for by the risk assessment instrument (see People v Gillotti, 23 N.Y.3d 841, 861-862 [2014]; People v Velasquez, 143 A.D.3d 583 [1st Dept 2016], lv denied 28 N.Y.3d 914 ...

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