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PEOPLE v. RUIZ

11725. 3892/15.

184 A.D.3d 546 (2020)

124 N.Y.S.3d 544

2020 NY Slip Op 03627

The People of the State of New York, Respondent, v. Edward Ruiz, Appellant.

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

Decided June 25, 2020.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). We do not find any overassessment of points for risk factors claimed by defendant to be related to his prior drug abuse, because the factors at issue are relevant to defendant's risk of sexual recidivism. The mitigating factors cited by defendant were adequately taken into account by the risk...

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