PEOPLE v. SORIAS

4513, 2226/07.

153 A.D.3d 1188 (2017)

2017 NY Slip Op 06631

60 N.Y.S.3d 671

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS SORIAS, Appellant.

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

Decided September 26, 2017.


The court properly assessed points under the risk factor for contact under clothing, based on clear and convincing evidence that defendant made sexual contact with one of the victims by reaching his hand under her dress and touching her genital area.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The mitigating factors cited by defendant...

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