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PEOPLE v. SHELLMAN

16412, 30114/13.

134 A.D.3d 517 (2015)

20 N.Y.S.3d 533

2015 NY Slip Op 09217

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE SHELLMAN, Appellant.

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

Decided December 15, 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 were adequately taken into account by the guidelines, or did not warrant a downward departure given the seriousness of the underlying conduct, in which defendant abused his position of authority by repeatedly engaging in sexual activity with his 13-year...

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