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PEOPLE v. McNEELY

13908, 531/08.

124 A.D.3d 433 (2015)

998 N.Y.S.2d 381

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WOODROW McNEELY, Appellant.

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

Decided January 8, 2015.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). Defendant's successful completion of sex offender treatment while in prison was adequately taken into account by the risk assessment instrument. Defendant's assertion that he poses a diminished risk of reoffense, and thus should receive a downward departure, is without merit (see People v Rodriguez...

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