PEOPLE v. COLON

3692, 4297/02.

149 A.D.3d 498 (2017)

2017 NY Slip Op 02884

50 N.Y.S.3d 394

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE COLON, Appellant.

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

Decided April 13, 2017.


The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, and were in any event outweighed by the extreme seriousness of the underlying sex crimes, as well as defendant's extensive record of sexual...

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