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PEOPLE v. ALMONTE

9890, 99025/18.

175 A.D.3d 1203 (2019)

106 N.Y.S.3d 863

2019 NY Slip Op 06725

The People of the State of New York, Respondent, v. Jose Almonte, Appellant.

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

September 24, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Abigail Everett of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Nicole Neckles of counsel), for respondent.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.

The court providently exercised its discretion in granting the People's request for an upward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]), based on clear and convincing evidence of the egregiousness and extent of defendant's possession of over 11,000 images and 1,500 videos of child pornography. Among other things, defendant possessed a graphic videotape of a violent sexual...

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