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PEOPLE v. CORIAN

13820, 3602/04

123 A.D.3d 613 (2014)

996 N.Y.S.2d 917

2014 NY Slip Op 08913

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREL CORIAN, Appellant.

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

Decided December 23, 2014.

The court properly applied the presumptive override for defendant's prior felony conviction for persistent sexual abuse (Penal Law § 130.53), and properly exercised its discretion in declining to grant a downward departure. Defendant's principal arguments are similar to arguments this Court rejected on defendant's appeal from another sex offender adjudication arising out of a similar conviction (77 A.D.3d 590 [1st Dept 2010], lv...

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