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PEOPLE v. HAYWOOD

2426, 1050/91.

145 A.D.3d 495 (2016)

2016 NY Slip Op 08303

41 N.Y.S.3d 881

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KELVIN HAYWOOD, Appellant.

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

Decided December 8, 2016.

Even assuming that defendant's correct point score is 95 rather than 105, he remains a level two offender, and we find no basis for 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 outweighed by the seriousness of the underlying...

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