PEOPLE v. KNIGHT

4772, 3267/99.

154 A.D.3d 577 (2017)

2017 NY Slip Op 07394

62 N.Y.S.3d 266

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY KNIGHT, Appellant.

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

Decided October 24, 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]). Defendant's prior felony sex crime conviction automatically resulted in an override to a risk level three, and there were no mitigating factors that were not adequately taken into account by the risk assessment instrument or outweighed by the seriousness...

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