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PEOPLE v. MIRABEL

Ind No. 2746/15. Appeal No. 12042. Case No. 2019-3589.

187 A.D.3d 514 (2020)

130 N.Y.S.3d 315

2020 NY Slip Op 05691

The People of the State of New York, Respondent, v. Eddi H. Mirabel, Appellant.

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

Decided October 13, 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]). Given the particular egregiousness of the underlying crime, we do not find that there was any overassessment of points, and the record does not establish any basis for a downward departure. Among other factors, the severity of the young victim's injuries suggests an indifference on the part...

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