PEOPLE v. ARRIAZA

2014-08819.

134 A.D.3d 1080 (2015)

21 N.Y.S.3d 635

2015 NY Slip Op 09660

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO ARRIAZA, Appellant.

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

Decided December 30, 2015.


Ordered that the order is affirmed, without costs or disbursements.

The defendant failed to show, by a preponderance of the evidence (see People v Gillotti, 23 N.Y.3d 841 [2014]; People v Wyatt, 89 A.D.3d 112 [2011]), his entitlement to a downward departure from the presumptive risk level (see People v Pavia, 121...

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