PEOPLE v. LANDA

10738, 99026/18.

179 A.D.3d 432 (2020)

113 N.Y.S.3d 545

2020 NY Slip Op 00071

The People of the State of New York, Respondent, v. Okami Landa, Appellant.

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

Decided January 7, 2020.


The People demonstrated by clear and convincing evidence aggravating factors that correlate with a risk of reoffense to justify the court's upward departure (see People v Gillotti, 23 N.Y.3d 841, 861-862 [2014]). The evidence establishes, among other things, that defendant was in possession of numerous videos and images of child pornography, and that he had spliced preferred content onto a compilation DVD for masturbatory purposes...

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