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PEOPLE v. CALDERON

12703, 2216/05.

118 A.D.3d 471 (2014)

986 N.Y.S.2d 484

2014 NY Slip Op 4124

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANOLO CALDERON, Appellant.

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

Decided June 10, 2014.

The court properly exercised its discretion in declining to grant a downward departure (see People v Cintron, 12 N.Y.3d 60, 70 [2009], cert denied 558 U.S. 1011 [2009]; People v Johnson, 11 N.Y.3d 416, 421 [2008]). Defendant did not demonstrate any mitigating factors, not already taken into account in the risk assessment instrument, that...

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