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PEOPLE v. SIMMONS

13828, 454/10

123 A.D.3d 617 (2014)

998 N.Y.S.2d 51

2014 NY Slip Op 08920

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SIMMONS, Appellant.

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

Decided December 23, 2014.

The court properly exercised its discretion when it declined to grant a downward departure to risk level one (see People v Gillotti, 23 N.Y.3d 841 [2014]). Defendant committed a heinous crime against a particularly vulnerable victim, and his point score did not result in an overassessment of his risk to public safety. The victim was both underage and developmentally delayed, and regardless of whether she "consented" to the initial...

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