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PEOPLE v. JACKSON

4720, 2251/10.

154 A.D.3d 539 (2017)

61 N.Y.S.3d 891

2017 NY Slip Op 07308

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC JACKSON, Appellant.

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

Decided October 19, 2017.

The court providently 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, such as those relating to the facts of the crime and defendant's subsequent good behavior, were adequately taken into account by the risk assessment instrument. Even accepting defendant's argument that the assessment of 30 points for a prior violent...

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