PEOPLE v. RODRIGUEZ

2657, 415/10.

146 A.D.3d 452 (2017)

2017 NY Slip Op 00085

43 N.Y.S.3d 754

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IGROIT RODRIGUEZ, Appellant.

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

Decided January 5, 2017.


Defendant is subject to the presumptive override for a prior felony sex crime conviction, which results in a level three adjudication independent of any point assessments. In any event, we reject defendant's challenge to the assessment of 15 points for refusing to participate in or being expelled from a sex offender treatment program.

The court providently exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level to...

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