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PEOPLE v. PAREDES

2876, 99027/14.

146 A.D.3d 684 (2017)

2017 NY Slip Op 00553

44 N.Y.S.3d 908

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO PAREDES, Appellant.

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

Decided January 26, 2017.

Defendant's prior felony sex crime conviction automatically resulted in an override to risk level three (see People v Howard, 27 N.Y.3d 337, 342 [2016]). Accordingly, defendant qualifies as a level three offender independently of any point assessments. In any event, defendant's challenges to particular point assessments are unavailing. The court also providently exercised its discretion when it declined to grant a downward departure...

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