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PEOPLE v. GRAU-ARANGO

10400. 1010/11.

177 A.D.3d 531 (2019)

110 N.Y.S.3d 842

2019 NY Slip Op 08487

The People of the State of New York, Respondent, v. Jose Luis Grau-Arango, Appellant.

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

Decided November 21, 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 mitigating factors cited by defendant were taken into account by the risk assessment instrument and were found not to be outweighed by the seriousness of the underlying crime, in which defendant engaged in a course of sexual conduct over a period of years with...

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