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PEOPLE v. CUSHNIE

9975, 30156/17.

176 A.D.3d 426 (2019)

107 N.Y.S.3d 661

2019 NY Slip Op 07034

The People of the State of New York, Respondent, v. Donovan Cushnie, Appellant.

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

Decided October 1, 2019.

Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York ( R. Jeannie Campbell-Urban of counsel), for respondent.

Concur—Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.

The court's discretionary upward departure was based on clear and convincing evidence that there were aggravating factors not sufficiently taken into account by the risk assessment instrument (see People v Gillotti, 23 N.Y.3d 841, 861 [2014]), including defendant's repeated failure to register as a sex offender as required by the state where he committed the underlying sex offense, and his violation of his parole by absconding. The...

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