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PEOPLE v. FUENTES

2467, 1269/12.

145 A.D.3d 547 (2016)

2016 NY Slip Op 08439

41 N.Y.S.3d 893

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY FUENTES, Appellant.

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

Decided December 15, 2016.

The court providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). We do not find that there were any overassessments of points. Although the underlying sex crime against a child only resulted in a misdemeanor conviction, the circumstances of the crime were nevertheless serious, and they outweighed the mitigating factors defendant...

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