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People v. Rizzo

121 A.D.3d 503 Court N.Y. App. Div. Decision date 2014-10-14 English

Judges Concur— Tom, J.P, Sweeny, Renwick, Andrias and Clark, JJ.

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p. 503
The People of the State of New York, Respondent, v James Rizzo, Appellant.
[993 NYS2d 507]

Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about February 8, 2013, which adjudicated defendant to be a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C) unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 NY3d 841 , 856-857 [2014]; People v Cintron, 12 NY3d 60 , 70 [2009], cert denied 558 US 1011 [2009]; People v Johnson, 11 NY3d 416 , 421 [2008]). Neither defendant’s age nor any other factors cited by defendant warranted a downward departure, particularly in light of the seriousness of the underlying sex crime.

Concur— Tom, J.P, Sweeny, Renwick, Andrias and Clark, JJ.

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