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PEOPLE v. FELICIANO

Ind No. 4308/01. Appeal No. 13444. Case No. 2019-05043.

192 A.D.3d 600 (2021)

141 N.Y.S.3d 302

2021 NY Slip Op 01858

The People of the State of New York, Respondent, v. Edwin Feliciano, Appellant.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York ( Franklin R. Guenthner of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Moulton, Shulman, JJ.

The record supports the court's discretionary upward departure based on defendant's extensive criminal history, which, among other things, included four additional first-degree rape convictions that the risk assessment instrument did not take into account because the convictions occurred after the conviction in the underlying case (see e.g. People v Wright, 185 A.D.3d 506 [1st Dept 2020]). Defendant's very extensive history of violent...

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