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People v. Zambrano

123 A.D.3d 609 Court N.Y. App. Div. Decision date 2014-12-23 English

Judges Concur — Tom, J.P., Friedman, Renwick, ManzanetDaniels and Kapnick, JJ.

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p. 609
The People of the State of New York, Respondent, v Luis Zambrano, Appellant.
[996 NYS2d 916]

Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about September 24, 2012, which adjudicated defendant a level two 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 when it declined to grant a downward departure to risk level one (see People v Gillotti, 23 NY3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the guidelines, and the record does not establish any basis for a downward departure.

Concur — Tom, J.P., Friedman, Renwick, ManzanetDaniels and Kapnick, JJ.

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