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PEOPLE v. ROSARIO

No. 89.

36 N.Y.3d 964 (2020)

161 N.E.3d 476

2020 NY Slip Op 07688

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SERGIO DEL ROSARIO, Appellant.

Court of Appeals of New York.

Decided December 22, 2020.

Attorney(s) appearing for the Case

Clare J. Degnan , The Legal Aid Society of Westchester County, White Plains ( Debra A. Cassidy and Salvatore A. Gaetani of counsel), for appellant.

Anthony A. Scarpino, Jr. , District Attorney, White Plains ( Christine DiSalvo , Steven A. Bender and William C. Milaccio of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. Under the circumstances presented here, we reject the People's argument that defendant's appeal is rendered moot by his deportation (see People v Perez, 33 N.Y.3d 1008 [2019]). On the merits, we conclude that it was not an abuse of discretion for the Appellate Division to sustain the upward departure based...

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