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PEOPLE v. VITIELLO

5822. 99019/15.

158 A.D.3d 585 (2018)

68 N.Y.S.3d 882

2018 NY Slip Op 01282

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW VITIELLO, Appellant.

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

Decided February 27, 2018.

The court providently exercised its discretion in granting an upward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]) based on clear and convincing evidence that defendant possessed over 100 images of child pornography, including forced intercourse with children as young as three years old. Defendant's interest in this abhorrent type of pornography demonstrates a danger to children (see People v Ryan,

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