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PEOPLE v. LOPEZ

Ind. No. 1313/2009. Appeal No. 14773. Case No. 2019-03575.

200 A.D.3d 473 (2021)

155 N.Y.S.3d 75

2021 NY Slip Op 06815

The People of the State of New York, Respondent, v. Juan Lopez, Appellant.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Lauren J. Springer of counsel), for appellant.

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

Concur—Renwick, J.P., Mazzarelli, Singh, Mendez, Higgitt, JJ.

The court providently exercised its discretion when it declined to grant defendant's request for 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 risk assessment instrument, or that outweigh the seriousness of the underlying sexual abuse committed over several years against two very young girls. Defendant submitted no proof that...

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