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PEOPLE v. GONZALEZ

Appeal No. 12605. Case No. 2018-2719.

189 A.D.3d 509 (2020)

136 N.Y.S.3d 23

2020 NY Slip Op 07468

The People of the State of New York, Respondent, v. Luis Gonzalez, Appellant.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Camila Hsu of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Felicia A. Yancey of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.

This is the type of case involving a sex offender convicted of possessing child pornography where the technically correct assessment of points under risk factors three (multiple victims) and seven (stranger-type relationship) constitutes an overassessment of defendant's actual risk of recidivism under all the circumstances. The evidence strongly supports defendant's contention that he poses a low risk of reoffense, and none of...

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