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PEOPLE v. SANCHEZ

Ind. No. 65/05. Appeal No. 13242. Case No. 2020-02112.

192 A.D.3d 409 (2021)

139 N.Y.S.3d 542

2021 NY Slip Op 01236

The People of the State of New York, Respondent, v. Emanuel Sanchez, Appellant.

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

Decided March 2, 2021.

Attorney(s) appearing for the Case

Marianne Karas , Thornwood, for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Eleanor J. Ostrow of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, González, Mendez, JJ.

The record supports the court's finding that defendant was a presumptive risk level three offender, after which the court granted defendant's request for a departure to level two. The court correctly assessed 25 points based on clear and convincing evidence that defendant committed aggravated sexual abuse. At defendant's sentencing in connection with the underlying conviction, the court struck references to some of defendant's...

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