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PEOPLE v. RODRIGUEZ

13641, 1220/07

123 A.D.3d 415 (2014)

996 N.Y.S.2d 280

2014 NY Slip Op 08375

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OVIDIO RODRIGUEZ, Appellant.

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

Decided December 2, 2014.

Although there is an insufficient basis for the assessment of points under the risk factor for drug or alcohol abuse, defendant remains a presumptive level two offender, and we find that a downward departure is not warranted (see People v Gillotti, 23 N.Y.3d 841, 861 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument...

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