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PEOPLE v. MOLINA

8107, 2911/08.

98 A.D.3d 906 (2012)

950 N.Y.S.2d 903

2012 NY Slip Op 6368

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO MOLINA, Appellant.

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

September 27, 2012.

Regardless of whether defendant's correct point score is 110 or 115, there is no basis for a discretionary downward departure to level two (see People v Pettigrew, 14 N.Y.3d 406, 409 [2010]). The underlying offense was a predatory sex crime against a minor, and its seriousness outweighs the mitigating factors asserted by defendant.

We have considered and rejected defendant's remaining...

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