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PEOPLE v. SHERARD

2794, 1174/03

73 A.D.3d 537 (2010)

903 N.Y.S.2d 3

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY SHERARD, Appellant.

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

Decided May 13, 2010.

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 Miller, 48 A.D.3d 774 [2008], lv denied 10 N.Y.3d 711 [2008]). The court properly based its upward departure on a combination of factors, including the level of force and aggression involved in the underlying crime, defendant...

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