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PEOPLE v. BULINA

Ind. No. 2366/16. Appeal No. 15946. Case No. 2020-00736.

205 A.D.3d 526 (2022)

166 N.Y.S.3d 525

2022 NY Slip Op 03215

The People of the State of New York, Respondent, v. Gabriel Bulina, Appellant.

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

Decided May 17, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Katherine M.A. Pecore of counsel), for appellant.

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

Concur—Mazzarelli, J.P., Oing, Moulton, González, Kennedy, JJ.

The court providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). Defendant primarily cites his youth (age 18) at the time of the underlying crime as a mitigating factor. However, in general, a defendant's age (under 20) at the time of the first sex offense is accounted for in the risk assessment instrument, which treats it as a factor that increases the risk...

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