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PEOPLE v. LOPEZ

5862 2897/10.

159 A.D.3d 412 (2018)

69 N.Y.S.3d 478

2018 NY Slip Op 01398

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PONCE LOPEZ, Appellant.

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

Decided March 1, 2018.

The court providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841, 861 [2014]). The mitigating factors cited by defendant were adequately accounted for by the risk assessment instrument, and were in any event outweighed by the seriousness of the underlying crime. The fact that the victim's lack of consent was solely based on her age does not warrant a departure here, particularly...

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