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PEOPLE v. JONES

4871, 30001/16.

154 A.D.3d 623 (2017)

2017 NY Slip Op 07558

62 N.Y.S.3d 788

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLTON JONES, Appellant.

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

Decided October 31, 2017.

The record supports the court's discretionary upward departure to level two. Clear and convincing evidence established aggravating factors that were not adequately taken into account by the risk assessment instrument (see People v Gillotti, 23 N.Y.3d 841 [2014]). In addition to the underlying sex crime, defendant's record included a very serious attempted murder conviction and an earlier conviction involving sexual intercourse with...

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