We find that the correct total of points to be assessed against defendant is 85. Regardless of whether defendant's correct point score is 85, or 75 as he claims, he remains a level two offender, and we find no basis for a discretionary downward departure in light of, among other things, the egregiousness of the underlying crime (see generally People v Gillotti,
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PEOPLE v. WRIGHT
7412. 1738/11.
165 A.D.3d 537 (2018)
84 N.Y.S.3d 353
2018 NY Slip Op 07046
The People of the State of New York, Respondent, v. James Wright, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided October 23, 2018.
Decided October 23, 2018.
Appellate Division of the Supreme Court of New York, First Department.
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