PEOPLE v. DELGADO

15669, 2491/11

130 A.D.3d 484 (2015)

11 N.Y.S.3d 855

2015 NY Slip Op 06021

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENE DELGADO, Appellant.

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

Decided July 9, 2015.


The court properly applied the presumptive override for a prior felony sex crime conviction, which results in a level three adjudication independent of any point assessments. In any event, we have considered defendant's challenges to certain assessments and find them unavailing.

The court properly exercised its discretion in denying a downward departure. Defendant committed the underlying crimes after having already been convicted of a felony sex offense, involving...

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