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PEOPLE v. CONCEVALERIO

Ind. No. 334/15. Appeal No. 14189. Case No. 2020-03966.

197 A.D.3d 1050 (2021)

151 N.Y.S.3d 866

2021 NY Slip Op 05094

The People of the State of New York, Respondent, v. Elpidio Concevalerio, Appellant.

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

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

Darcel D. Clark , District Attorney, Bronx ( Christopher Michael Pederson of counsel), for respondent.

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

The court properly exercised its discretion when it declined to grant a downward departure (see generally People v Gillotti, 23 N.Y.3d 841 [2014]). The risk assessment instrument and guidelines adequately accounted for defendant's performance in sex offender treatment, relationship to the victim, lack of a criminal history and satisfactory conduct while incarcerated. Additionally, defendant's below average Static-99R score had only...

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