Opinion
8511 Ind. 2755/10
02-26-2019
The PEOPLE of the State of New York, Respondent, v. Jonny ANJUDAR, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Sweeny, J.P., Manzanet–Daniels, Webber, Oing, Singh, JJ.
The court properly exercised its discretion in granting an upward departure based on the extent and egregiousness of defendant's history of sexual misconduct, including repeated instances while he was in custody. This background was not adequately accounted for in the risk assessment instrument, and it evinced a serious risk of reoffense (see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ).