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PEOPLE v. HERNANDEZ

Ind. No. 211/10. Appeal No. 15895. Case No. 2020-03305.

205 A.D.3d 485 (2022)

165 N.Y.S.3d 845

2022 NY Slip Op 03080

The People of the State of New York, Respondent, v. Omar Hernandez, Appellant.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Benjamin Rutkin-Becker of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Nathan Shi of counsel), for respondent.

Concur—Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, 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]). Defendant has not demonstrated that his response to sex offender treatment was exceptional, especially given his continued denials of having committed the underlying sex crimes and his assertions that any contact with the child was accidental (see e.g. People v Bonnemere, 201 A.D.3d 475...

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