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PEOPLE v. WAHAB

Ind. No. 147/18. Appeal No. 12978. Case No. 2019-1909.

190 A.D.3d 655 (2021)

136 N.Y.S.3d 885

2021 NY Slip Op 00506

The People of the State of New York, Respondent, v. Wazim Wahab, Appellant.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Kami Lizarraga of counsel), for appellant.

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

Concur—Acosta, P.J., Webber, Oing, Scarpulla, 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]). The mitigating factors cited by defendant were either adequately taken into account by the risk assessment instrument or were outweighed by the heinousness of the underlying sex crime. In particular, defendant has not shown that his health problems have...

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