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People v. CherryPeople v. Cherry

Appellate Division of the Supreme Court of the State of New York
Mar 12, 2009
Versions:60 A.D.3d 484
873 N.Y.S.2d 909

The record supports the court‘s discretionary upward departure to a level three sex offender adjudication. There was clear and convincing evidence of factors, not adequately accounted for in the risk assessment instrument, demonstrating that defendant has a high risk of reoffending (see e.g. People v O‘Flaherty, 23 AD3d 237 [2005], lv denied 6 NY3d 705 [2006]). Concur—Andrias, J.P., Saxe, Acosta and Renwick, JJ.

Case Details

Case Name: People v. Cherry
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 12, 2009
Citations: 60 A.D.3d 484; 873 N.Y.S.2d 909
Court Abbreviation: N.Y. App. Div.
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