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PEOPLE v. MANN

5960 30154/14.

159 A.D.3d 488 (2018)

69 N.Y.S.3d 796

2018 NY Slip Op 01571

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUSSELL MANN, Appellant.

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

Decided March 13, 2018.

The court providently exercised its discretion in denying defendant's application for a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). Defendant was a presumptive level three offender by virtue of both his score on the risk assessment instrument and a presumptive override based on his previous rape conviction. Based on the violent and heinous nature of his sexual criminality, none of the considerations asserted...

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