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PEOPLE v. RAMOS

Ind. No. 3352/84. Appeal No. 14540. Case No. 2020-02949.

199 A.D.3d 423 (2021)

153 N.Y.S.3d 866

2021 NY Slip Op 06052

The People of the State of New York, Respondent, v. Carlos Ramos, Appellant.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Emilia King-Musza of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Robert L. Myers of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.

The court providently exercised its discretion in declining to grant a downward departure (see generally People v Gillotti, 23 N.Y.3d 841, 861 [2014]). The mitigating factors argued by defendant included the isolated nature of the sex offense and the fact that it occurred over 35 years ago. However, the Risk Assessment Instrument already factored in his history of sex offenses, so it is...

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