The court providently exercised its discretion in declining to grant a downward departure, since the alleged mitigating factors were adequately taken into account by the risk assessment instrument and were outweighed by, among other things, the seriousness of the underlying offense and defendant's extensive criminal record (see generally People v Gillotti,
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PEOPLE v. KIRKLAND
16471, 1378/10.
134 A.D.3d 585 (2015)
20 N.Y.S.3d 892
2015 NY Slip Op 09387
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN KIRKLAND, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 22, 2015.
Decided December 22, 2015.
Appellate Division of the Supreme Court of New York, First Department.
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