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PEOPLE v. SOLIS

Motion No. M-4015, Motion No. M-4088.

143 A.D.3d 585 (2016)

2016 NY Slip Op 06894

38 N.Y.S.3d 901

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONEL SOLIS, Appellant.

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

Decided October 20, 2016.

The record supports the court's discretionary upward departure to level three. There was clear and convincing evidence to establish aggravating factors that were not otherwise adequately accounted for by the risk assessment instrument (see People v Gillotti, 23 N.Y.3d 841, 861-862 [2014]). Even without regard to a third incident for which defendant was not prosecuted, defendant's New York...

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