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PEOPLE v. MUNOZ

14279, 30068/13.

125 A.D.3d 519 (2015)

1 N.Y.S.3d 805

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL MUNOZ, Appellant.

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

Decided February 19, 2015.

Clear and convincing evidence supported the court's assessment of 20 points for defendant's establishment of a relationship for the purpose of victimization, and we reject defendant's arguments to the contrary. The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). Given the seriousness of the underlying conduct, defendant's arguments in favor of such...

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