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People v. Rodriguez

124 A.D.3d 489 Court N.Y. App. Div. Decision date 2015-01-20 English

Judges Concur — Tom J.E, Saxe, Feinman, Clark and Kapnick, JJ.

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p. 489
The People of the State of New York, Respondent, v Larry Rodriguez, Appellant.
[998 NYS2d 300]—

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on or about November 20, 2013, which adjudicated defendant a level three sexually violent predicate sex 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 , 861 [2014]). The mitigating factors cited by defendant, including his age, did not warrant a departure when viewed in light of defendant’s extensive history of recidivism and the violent nature of the underlying crimes.

Concur — Tom J.E, Saxe, Feinman, Clark and Kapnick, JJ.

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