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PEOPLE v. ARMSTRONG

11111.

180 A.D.3d 588 (2020)

116 N.Y.S.3d 563

2020 NY Slip Op 01288

The People of the State of New York, Respondent, v. Rhamed Armstrong, Appellant.

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

Decided February 25, 2020.

The court providently exercised its discretion in granting an upward departure from defendant's presumptive level two classification, and denying any downward departure (see generally People v Gillotti, 23 N.Y.3d 841 [2014]). The upward departure was based on clear and convincing evidence of aggravating factors, "bearing on defendant's likelihood of reoffense and the potential harm in the event of his reoffense" (People v Davis...

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