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PEOPLE v. RIVERA

13870, 1464/95

123 A.D.3d 639 (2014)

123 A.D.3d 638

2014 NY Slip Op 09057

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL RIVERA, Appellant.

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

Decided December 30, 2014.

The record supports the court's determination that defendant is subject to the presumptive override for a prior felony sex crime conviction, which results in a level three adjudication independent of any point assessments. The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The mitigating factors cited by defendant were outweighed by the seriousness...

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