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PEOPLE v. ALCANTARA

4710, 5131/11.

154 A.D.3d 532 (2017)

61 N.Y.S.3d 883

2017 NY Slip Op 07230

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD ALCANTARA, Appellant.

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

Decided October 17, 2017.

The court providently exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level (see generally People v Gillotti, 23 N.Y.3d 841 [2014]). Defendant failed to meet his burden to show that his participation in sex offender treatment was so exceptional as to warrant a downward departure. The remaining mitigating factors cited by defendant were adequately taken into account by the risk...

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