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PEOPLE v. WANKO

Ind. No. 99073/16. Appeal No. 13493. Case No. 2018-527.

193 A.D.3d 430 (2021)

146 N.Y.S.3d 99

2021 NY Slip Op 02079

The People of the State of New York, Respondent, v. Stephen Wanko, Appellant.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Nancy E. Little of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Polly M. Puner of counsel), for respondent.

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

The record supports the court's discretionary upward departure based on clear and convincing evidence establishing the existence of aggravating factors not adequately accounted for by the risk assessment instrument (see People v Gillotti, 23 N.Y.3d 841, 861-862 [2014]). The court reasonably concluded that an increased likelihood of reoffense, not captured in the risk assessment instrument, was indicated by, among other things, the...

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