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PEOPLE v. GOROCS

Ind. No. 4745/16. Appeal No. 12885. Case No. 2020-04131.

190 A.D.3d 568 (2021)

136 N.Y.S.3d 710

2021 NY Slip Op 00268

The People of the State of New York, Respondent, v. Zolton Gorocs, Appellant.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

Stephen Chu , Interim Attorney-in Charge, Office of the Appellate Defender, New York ( Gabe Newland of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Rachel Bond of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Shulman, JJ.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the guidelines, and are outweighed by aggravating factors such as defendant's possession of particularly disturbing pornographic images of children as young as four years of age, and evidence that defendant shared the...

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