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PEOPLE v. MARTINEZ

2016-13039.

160 A.D.3d 781 (2018)

71 N.Y.S.3d 383

2018 NY Slip Op 02493

The People of the State of New York, Respondent, v. David Martinez, Appellant.

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

Decided April 11, 2018.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not err in denying the defendant's request for a downward departure from his presumptive risk level to risk level one. A defendant seeking a downward departure from the presumptive risk level has the initial burden of "(1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a...

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