PEOPLE v. REID

2379, 3606/10.

145 A.D.3d 458 (2016)

2016 NY Slip Op 08164

41 N.Y.S.3d 711

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER REID, Appellant.

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

Decided December 6, 2016.


The court properly exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level three to level two (see People v Gillotti, 23 N.Y.3d 841, 861 [2014]). Defendant's speculative argument that he was not in a position to see that the 10-year-old victim was a child, since he touched her buttocks while hiding underneath a subway bench, is belied by his plea allocution. The remaining mitigating...

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