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PEOPLE v. SILVAGNOLI

5679. 11970/93.

158 A.D.3d 491 (2018)

68 N.Y.S.3d 328

2018 NY Slip Op 01024

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX SILVAGNOLI, Appellant.

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

Decided February 13, 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]; People v Velasquez, 143 A.D.3d 583 [1st Dept 2016], lv denied

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