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PEOPLE v. CORREA

Ind No. 496/08. Appeal No. 15182. Case No. 2020-02827.

202 A.D.3d 413 (2022)

158 N.Y.S.3d 568

2022 NY Slip Op 00632

The People of the State of New York, Respondent, v. Felix Correa, Appellant.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Catherine Read of counsel), for respondent.

Concur—Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.

The court (which described its determination as granting an "upward departure") correctly assessed 55 points beyond those contained in the risk assessment instrument. Each of the court's additional assessments, under three risk factors, was supported by clear and convincing evidence.

The court correctly assessed 20 points each under the respective risk factors for multiple victims and for an underage victim. These points...

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