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PEOPLE v. BROWN

3620, 58534/10.

149 A.D.3d 411 (2017)

2017 NY Slip Op 02598

50 N.Y.S.3d 376

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC BROWN, Appellant.

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

Decided April 4, 2017.

The record supports the court's discretionary upward departure to level two (see People v Gillotti, 23 N.Y.3d 841, 861-862 [2014]). There was clear and convincing evidence to establish aggravating factors that were not otherwise adequately accounted for by the risk assessment instrument, including defendant's pattern of predatory conduct, and his history of poor compliance with supervision, including multiple parole violations and...

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