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PEOPLE v. FIAVACHAY

8955, 5616/04.

171 A.D.3d 527 (2019)

95 N.Y.S.3d 822

2019 NY Slip Op 02807

The People of the State of New York, Respondent, v. Luis Fiavachay, Appellant.

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

Decided April 11, 2019.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). Defendant's age of 65 at the time of the hearing does not establish that he has only a minimal risk of reoffense; we note that he was 54 when he committed the underlying sexual offenses (see People v Rodriguez, 146 A.D.3d 452 [1st Dept 2017], lv...

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