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PEOPLE v. DeLEON

Ind. No. 2876/11, Appeal No. 16104, Case No. 2018-1407.

206 A.D.3d 430 (2022)

167 N.Y.S.3d 777

2022 NY Slip Op 03689

The People of the State of New York, Respondent, v. Alberto DeLeon, Appellant.

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

Decided June 7, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.

Concur—Gische, J.P., Webber, Singh, González, Pitt, JJ.

Defendant's prior felony sex crime conviction automatically resulted in an override to risk level three, and the court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). In making that determination, the court stated that it had reviewed the documents offered by defendant in mitigation. Although defendant challenges...

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