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PEOPLE v. ETHERIDGE

3650, 30223/14.

149 A.D.3d 446 (2017)

2017 NY Slip Op 02734

49 N.Y.S.3d 625

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN ETHERIDGE, True Name JOHN ETHEREDGE, Appellant.

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

Decided April 6, 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]). Defendant's long period of law abiding conduct after being released from custody was outweighed by the seriousness of the underlying crime, in which defendant repeatedly raped a young child over a period of months. Even if defendant's clean record for a period of years made him

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