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PEOPLE v. CRUZ

4824, 2067/10.

154 A.D.3d 610 (2017)

2017 NY Slip Op 07539

63 N.Y.S.3d 351

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNY CRUZ, Appellant.

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

Decided October 26, 2017.

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 probative value of defendant's Static-99 score is limited because that assessment inadequately considers the underlying sex crime and the potential for harm in the event of reoffense (see People v Rodriguez, 145 A.D.3d 489, 490 [2016], lv denied...

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