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PEOPLE v. LEBRON

1924, 6827/03, 1303/04.

143 A.D.3d 535 (2016)

2016 NY Slip Op 06766

38 N.Y.S.3d 804

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD LEBRON, Appellant.

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

Decided October 13, 2016.

Regardless of whether defendant's correct point score would make him a presumptive level two offender, his prior felony sex crime conviction automatically resulted in an override to level three (see People v Howard, 27 N.Y.3d 337, 342 [2016]), and the court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23...

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