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PEOPLE v. GENAO

5194. 1427/05.

156 A.D.3d 466 (2017)

64 N.Y.S.3d 883

2017 NY Slip Op 08641

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NELSON GENAO, Appellant.

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

Decided December 12, 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 various mitigating factors cited by defendant, such as his age and lack of a prior criminal record, were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of the underlying sex crimes committed...

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