PEOPLE v. DIAZ

2016-07863, 2016-11795.

151 A.D.3d 891 (2017)

56 N.Y.S.3d 542

2017 NY Slip Op 04868

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN DIAZ, Appellant.

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

Decided June 14, 2017.


Ordered that the orders are affirmed, without costs or disbursements.

The defendant contends that both orders appealed from should be reversed on the ground that the Supreme Court should not have granted the People's application for an upward departure from his presumptive risk level.

An upward departure from the presumptive risk level is permitted only if the court determines, upon clear and convincing evidence, "that there exists an aggravating ... factor...

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