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PEOPLE v. ENCARNACION-DIAZ

7319. 3915/03. 4441/12.

165 A.D.3d 490 (2018)

86 N.Y.S.3d 24

2018 NY Slip Op 06820

The People of the State of New York, Respondent, v. Joaquin Encarnacion-Diaz, Appellant.

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

Decided October 11, 2018.

The court providently exercised its discretion in granting an upward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). In 2003, defendant was arrested for his first sex offense, involving his six-year-old niece, but he fled to Puerto Rico, and was returned on a warrant in 2011. By then he had returned to New York, and was arrested for the commission of additional sex offenses in 2011, involving his girlfriend's 10- and 11...

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