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PEOPLE v. GUZMAN

2382, 8099/88.

145 A.D.3d 459 (2016)

2016 NY Slip Op 08166

43 N.Y.S.3d 281

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUTVALL GUZMAN, Appellant.

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

Decided December 6, 2016.

The court properly assessed points for defendant's age at the time of the underlying sexual offense and for his unsatisfactory conduct while confined. In any event, regardless of whether defendant's correct point score is 135 or 115 points, he remains a level three offender, and we find no basis for a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). There were no mitigating factors that were not adequately taken...

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