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PEOPLE v. SANTIAGO

5932 2066/75.

159 A.D.3d 470 (2018)

70 N.Y.S.3d 37

2018 NY Slip Op 01547

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARSENIO SANTIAGO, Appellant.

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

Decided March 8, 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, or were outweighed by the seriousness of the underlying offenses, in which defendant brutally attacked and raped...

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