PEOPLE v. GONZALEZ

6450, 2010/78.

91 A.D.3d 417 (2012)

937 N.Y.S.2d 6

2012 NY Slip Op 9

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR GONZALEZ, Appellant.

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

Decided January 3, 2012.


In this unique case, we exercise our independent discretion to grant defendant a downward departure to level one (see People v Johnson, 11 N.Y.3d 416, 421 [2008]). The underlying sex offense occurred in 1978. Since his release from prison in 1986, defendant, now 52 years old, has successfully completed sex offender treatment, has been employed, and has maintained a successful 17-year relationship with his wife. During the 25 years...

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