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PEOPLE v. SMALLS

13044, 1169/10

120 A.D.3d 1145 (2014)

992 N.Y.S.2d 880

2014 NY Slip Op 06531

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH SMALLS, Appellant.

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

Decided September 30, 2014.

The court properly applied the presumptive override for a prior felony sex crime conviction, and properly exercised its discretion in denying a downward departure. The underlying offense is defendant's third felony sex crime conviction. Defendant committed the underlying crime after having already been adjudicated a level three sex offender (see People v Carter, 114 A.D.3d 592 [1st Dept 2014]). The mitigating factors cited by defendant...

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