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PEOPLE v. GONELL

14308, 3584/01.

125 A.D.3d 545 (2015)

1 N.Y.S.3d 810

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTTO GONELL, Appellant.

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

Decided February 24, 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]). The mitigating factors cited by defendant did not warrant such a departure, given the egregious circumstances of the underlying crime against a 13-year-old child and defendant's overall criminal record, including his history of absconding and remaining...

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