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PEOPLE v. VELASQUEZ

7704. 1383/11.

166 A.D.3d 536 (2018)

86 N.Y.S.3d 722

2018 NY Slip Op 08077

The People of the State of New York, Respondent, v. Orlando Velasquez, Appellant.

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

Decided November 27, 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 argued by defendant were adequately considered by the court, were outweighed by the danger of future recidivism, and do not warrant a downward departure from defendant's presumptive risk level.

With regard to the reliability of the risk assessment instrument, we...

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