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PEOPLE v. BROWN

11160, 1775/80.

181 A.D.3d 421 (2020)

117 N.Y.S.3d 560

2020 NY Slip Op 01458

The People of the State of New York, Respondent, v. Arthur Brown, Appellant.

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

Decided March 3, 2020.

The court providently exercised its discretion in declining to grant a downward departure (see generally People v Gillotti, 23 N.Y.3d 841, 861 [2014]). Defendant did not meet his burden of establishing by a preponderance of the evidence that his age makes him unlikely to reoffend (see People v Rodriguez, 145 A.D.3d 489, 490 [1st Dept 2016], lv denied 28 N.Y.3d 916...

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