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PEOPLE v. ROMAN

5670. 3234/73.

158 A.D.3d 478 (2018)

67 N.Y.S.3d 837

2018 NY Slip Op 00920

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO ROMAN, Appellant.

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

Decided February 8, 2018.

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 were adequately taken into account by the risk assessment instrument, or were outweighed by the egregiousness of the underlying crime and defendant's criminal history.

Even without the disputed assessment of 10 points for failure to accept responsibility...

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