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PEOPLE v. CABRERA

7556. 3184/15.

166 A.D.3d 419 (2018)

85 N.Y.S.3d 1

2018 NY Slip Op 07538

The People of the State of New York, Respondent, v. Juan Cabrera, Appellant.

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

Decided November 8, 2018.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The alleged mitigating factors cited by defendant, such as his age and low Static-99 score, were either adequately taken into account by the risk assessment instrument or outweighed by aggravating factors, including the seriousness of the underlying course of sexual conduct against a child ...

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