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PEOPLE v. VINASCO

Ind. No. 3281/07. Appeal No. 14921. Case No. 2017-2973.

200 A.D.3d 618 (2021)

155 N.Y.S.3d 778

2021 NY Slip Op 07520

The People of the State of New York, Respondent, v. David Vinasco, Appellant.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Whitney A. Robinson of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Julia L. Chariott of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, Gesmer, González, Rodriguez, JJ.

The court providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). To the extent that any of the mitigating factors relied on by defendant were not fully accounted for in the risk assessment instrument, they were outweighed by the egregiousness of defendant's conduct, committed against a child over a 17-month period. Defendant has not demonstrated that his age...

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