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PEOPLE v. GOMEZ

Ind. No. 4335/10. Appeal No. 15164. Case No. 2020-04782.

201 A.D.3d 601 (2022)

157 N.Y.S.3d 724

2022 NY Slip Op 00515

The People of the State of New York, Respondent, v. Isael Gomez, Appellant.

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

Decided January 27, 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 ( Sylvia Wertheimer of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of defendant's sexual abuse of his stepdaughter for a period of six years, starting when she was eight years old. Defendant's clean disciplinary...

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