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PEOPLE v. GONZALEZ

Ind. No. 2097/16. Appeal No. 14985. Case No. 2018-2456.

201 A.D.3d 441 (2022)

156 N.Y.S.3d 742

2022 NY Slip Op 00052

The People of the State of New York, Respondent, v. Arcadio Gonzalez, Appellant.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Lorca Morello of counsel), for appellant.

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

Concur—Kern, J.P., Mazzarelli, Gesmer, González, 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 assessment of points under the risk factor for release without supervision was not an overassessment, because the lack of any supervision may enhance the risk of reoffense, and the fact that the absence of parole or postrelease supervision resulted from defendant's negotiated...

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