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PEOPLE v. TEXIDOR

16586, 7685/00

135 A.D.3d 455 (2016)

21 N.Y.S.3d 894

2016 NY Slip Op 00057

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MITCHELL TEXIDOR, Appellant.

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

Decided January 7, 2016.

The court's upward departure was a provident exercise of discretion. Clear and convincing evidence established aggravating factors that were not otherwise adequately taken into account by the risk assessment guidelines (see e.g. People v Poole, 105 A.D.3d 654 [1st Dept 2013], lv denied 21 N.Y.3d 863 [2013]). The underlying sex crime was committed, under egregious circumstances, during a...

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