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PEOPLE v. EVANS

524, 30085/11.

137 A.D.3d 554 (2016)

26 N.Y.S.3d 692

2016 NY Slip Op 01784

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLENN W. EVANS, Appellant.

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

Decided March 15, 2016.

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 alleged mitigating factors were outweighed by, among other things, the seriousness of the underlying offense, the victim's age and defendant's significant criminal...

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