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PEOPLE v. FAIR

5556, 2577/96.

157 A.D.3d 645 (2018)

67 N.Y.S.3d 469

2018 NY Slip Op 00524

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH FAIR, Appellant.

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

Decided January 30, 2018.

The record supports the court's discretionary upward departure, based on clear and convincing evidence establishing the existence of aggravating factors not adequately accounted for by the risk assessment instrument (see People v Gillotti, 23 N.Y.3d 841, 861-862 [2014]). The underlying sex crime against a child was particularly heinous and violent, and after that conviction, defendant continued to commit sex crimes against other...

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