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PEOPLE v. CRUZ

11324.

182 A.D.3d 415 (2020)

119 N.Y.S.3d 857

2020 NY Slip Op 02161

The People of the State of New York, Respondent, v. Antonio Cruz, Appellant.

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

Decided April 2, 2020.

The record supports the court's discretionary upward departure. Clear and convincing evidence established aggravated factors that were not adequately taken into account by the risk assessment instrument (see People v Gillotti, 23 N.Y.3d 841, 861-862 [2014]). Although defendant was assessed the maximum amount of points for the number and nature of his prior crimes, this did not reflect the seriousness and extent of that history, which...

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