PEOPLE v. LUCERO

6592, 375/16.

161 A.D.3d 569 (2018)

73 N.Y.S.3d 753

2018 NY Slip Op 03624

The People of the State of New York, Respondent, v. Aldo Lucero, Appellant.

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

Decided May 17, 2018.


The court's decision indicates that it did not give adequate consideration to defendant's request for a discretionary downward departure. Instead, the court appears to have misconstrued the request as limited to the risk factor for number of victims. However, a downward departure does not affect the calculation of the presumptive risk level; it is a discretionary determination that, despite the total number of points assessed and the offender's presumptive risk level, a lower...

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