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PEOPLE v. GOODEN

9988, 3249/12.

176 A.D.3d 434 (2019)

107 N.Y.S.3d 669

2019 NY Slip Op 07145

The People of the State of New York, Respondent, v. David Gooden, Appellant.

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

Decided October 3, 2019.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Adrienne M. Gantt of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Samuel Z. Goldfine of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Singh, JJ.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). We do not find any overassessment of points or mitigating factors that were inadequately taken into account by the risk assessment instrument. The evidence before the hearing court, which assessed 150 points, demonstrated defendant's high risk of reoffense and did not warrant...

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