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PEOPLE v. COOPER

10032, 30075/11.

106 A.D.3d 466 (2013)

965 N.Y.S.2d 868

2013 NY Slip Op 3397

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY COOPER, Appellant.

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

Decided May 9, 2013.

The court properly exercised its discretion in denying defendant's request for a downward departure (see People v Cintron, 12 N.Y.3d 60, 70 [2009], cert denied 558 U.S. 1011 [2009]; People v Mingo, 12 N.Y.3d 563, 568 n 2 [2009]). The mitigating factors cited by defendant are outweighed by his serious criminal record.

Both the underlying sex crime and a prior sex crime involved...

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