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PEOPLE v. RIVERA-MORRIS

Ind. No. 1476/19. Appeal No. 15037. Case No. 2020-03695.

201 A.D.3d 482 (2022)

156 N.Y.S.3d 840

2022 NY Slip Op 00140

The People of the State of New York, Respondent, v. Roberto Rivera-Morris, Appellant.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( John L. Palmer of counsel), for appellant.

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

Concur— Gische, J.P., Kern, Friedman, Oing, Singh, JJ.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The underlying crimes and defendant's criminal history indicate a high risk of reoffense, and none of the factors he cites warrant a downward...

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