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PEOPLE v. RIVERA

10088, 3001/07.

176 A.D.3d 504 (2019)

108 N.Y.S.3d 339

2019 NY Slip Op 07372

The People of the State of New York, Respondent, v. David Rivera, Appellant.

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

Decided October 15, 2019.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Steven J. Miraglia of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Kristian D. Amundsen of counsel), for respondent.

Concur—Sweeny, J.P., Tom, Mazzarelli, Oing, Singh, JJ.

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 cited by defendant were adequately taken into account by the risk assessment instrument, were unpersuasive, or were outweighed by aggravating factors, including the seriousness of the underlying offense against a child and defendant's history of felony...

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