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PEOPLE v. HEATER

Appeal No. 16248. Case No. 2021-00822.

208 A.D.3d 1110 (2022)

175 N.Y.S.3d 56

2022 NY Slip Op 05284

The People of the State of New York, Respondent, v. John Heater, Appellant.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Zoe Root of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Shera Knight of counsel), for respondent.

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, 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 court's assessment of 20 points under the risk factor for sexual misconduct while in prison was supported by clear and convincing evidence that defendant confessed to stalking a female correction officer (see People v Faulkner, 151 A.D.3d 601

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