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PEOPLE v. GUADALUPE

2423, 30169/13.

146 A.D.3d 442 (2017)

2017 NY Slip Op 00071

43 N.Y.S.3d 747

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL GUADALUPE, Appellant.

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

Decided January 5, 2017.

Under the circumstances of this case and in the exercise of our independent discretion, we find that a downward departure to level one is appropriate (People v Gonzalez, 91 A.D.3d 417 [1st...

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