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PEOPLE v. PIZARRO

4816, 2538/10.

154 A.D.3d 607 (2017)

61 N.Y.S.3d 906

2017 NY Slip Op 07534

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

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

Decided October 26, 2017.

Although defendant casts his argument for a modification of his risk level in terms of whether the override for a prior felony sex crime conviction should be "applied," the override applies automatically, except that the court may grant a downward departure (see People v Howard, 27 N.Y.3d 337, 342 [2016]). In any event, there is no basis for a downward departure (see People v Gillotti, 23 N.Y.3d 841

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