Majority
p. 562The People of the State of New York, Respondent, v Edgar Montano, Appellant. [936 NYS2d 889]
The court properly exercised its discretion in declining to grant a downward departure from defendant’s presumptive risk level (see People v Mingo, 12 NY3d 563 , 568 n 2 [2009]; People v Johnson, 11 NY3d 416 , 421 [2008]). The mitigating factors asserted by defendant were adequately taken into account by the risk assessment instrument (see e.g. People v Hansford, 67 AD3d 496 [2009]). Concur — Mazzarelli, J.P, Saxe, Catterson, Acosta and Román, JJ.
Cases cited
- People v. Mingo 12 NY3d 563 at 568 p. 562
- People v. Johnson 11 NY3d 416 at 421 p. 562
- People v. Hansford 67 AD3d 496 p. 562