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PEOPLE v. GREENE

9098, 3545/14.

171 A.D.3d 628 (2019)

97 N.Y.S.3d 465

2019 NY Slip Op 03146

The People of the State of New York, Respondent, v. Jaered Greene, Appellant.

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

Decided April 25, 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]). The fact that the victim's lack of consent was due only to an inability to consent by virtue of age did not result in an overassessment of points under the applicable risk factors (see People v Fryer, 101 A.D.3d 835

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