PEOPLE v. CARLO

2871, 4366/10.

146 A.D.3d 681 (2017)

2017 NY Slip Op 00548

44 N.Y.S.3d 906

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT CARLO, Appellant.

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

Decided January 26, 2017.


The court providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]), in light of the seriousness of the underlying sex crime, committed with the use of force on a related minor, and defendant's prior criminal history, which includes a violent felony conviction. Defendant failed to elaborate on his medical conditions or...

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