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PEOPLE v. CISNEROS

8653, 4568/09.

170 A.D.3d 468 (2019)

93 N.Y.S.3d 568

2019 NY Slip Op 01672

The People of the State of New York, Respondent, v. Guillermo Cisneros, Appellant.

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

Decided March 7, 2019.

The court providently exercised its discretion when it declined to grant defendant's request for a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument or that outweighed the seriousness of the underlying sexual conduct. Defendant's favorable score on the Static-99 test had only limited probative value (see...

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