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PEOPLE v. RODRIGUEZ

Ind. No. 72/16. Appeal No. 16301. Case No. 2019-05436.

208 A.D.3d 1136 (2022)

174 N.Y.S.3d 579

2022 NY Slip Op 05380

The People of the State of New York, Respondent, v. Mark Rodriguez, Appellant.

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

Decided September 29, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Nicole P. Geoglis of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott, of counsel), for respondent.

Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.

The court providently exercised its discretion in granting the People's request for an upward departure based on clear and convincing evidence establishing the existence of aggravating factors not adequately accounted for by the risk assessment instrument (see generally People v Gillotti, 23 N.Y.3d 841 [2014]). This departure was not based on the mere fact of an incestuous relationship, but on the egregious circumstances of this...

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