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PEOPLE v. RUIZ

6689, 4586/03.

161 A.D.3d 664 (2018)

74 N.Y.S.3d 497

2018 NY Slip Op 03802

The People of the State of New York, Respondent, v. Hernando Ruiz, Appellant.

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

Decided May 29, 2018.

The court providently exercised its discretion when, despite defendant's point score of 135, it granted a downward departure to level two but declined to grant defendant a further departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The court sufficiently took into consideration the circumstances surrounding defendant's sexual relationship with an underage girl, including his claim of being initially mistaken about her age, as...

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