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PEOPLE v. TAYLOR

4696, 1754/14.

154 A.D.3d 524 (2017)

61 N.Y.S.3d 881

2017 NY Slip Op 07220

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY TAYLOR, Appellant.

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

Decided October 17, 2017.

Regardless of whether the court properly assessed points for sexual contact under clothing, the record supports the court's alternative finding that an upward departure was warranted. Even without the points disputed on appeal, the point score of 105 is nearly enough for a level three adjudication, and the risk assessment instrument did not adequately account for defendant's criminal history, significant risk of recidivism as demonstrated...

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