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PEOPLE v. COLLAZO

2018-07944.

179 A.D.3d 1103 (2020)

114 N.Y.S.3d 675

2020 NY Slip Op 00625

The People of the State of New York, Respondent, v. Steven Collazo, Appellant.

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

Decided January 29, 2020.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court's determination denying the defendant's request for a downward departure from his presumptive risk level. A defendant seeking a downward departure from the presumptive risk level has the initial burden of "(1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower...

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