PEOPLE v. FERRER


35 A.D.3d 297 (2006)

826 N.Y.S.2d 70

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE FERRER, Appellant.

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

Decided December 21, 2006.


The hearing court properly determined that the risk assessment instrument failed to adequately take into account the paternal relationship between defendant and the victim, that the victim was helpless when left home alone with defendant, and that defendant threatened the victim with the use of a gun. These aggravating factors were not duplicative of the factors relied upon in the risk assessment instrument and guidelines, and they supported the discretionary upward departure...

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