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PEOPLE v. KELLY

4380/10, 2892, 2891.

146 A.D.3d 696 (2017)

2017 NY Slip Op 00565

44 N.Y.S.3d 909

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LESTON KELLY, Appellant.

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

Decided January 26, 2017.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of the underlying sex crimes committed against defendant's young stepdaughter, which continued for over five years (see e.g. People v Ogata...

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