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PEOPLE v. McMICHAEL

3862, 30110/15.

149 A.D.3d 670 (2017)

2017 NY Slip Op 03274

50 N.Y.S.3d 880

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH McMICHAEL, Appellant.

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

Decided April 27, 2017.

The court properly assessed points for defendant's continuing course of sexual abuse against his daughters. In any event, regardless of whether defendant's correct point score is 105 or 85 points, he remains a level two offender, and we find no basis for a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument...

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