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PEOPLE v. DALTON

Ind. No. 289/17. Appeal No. 13583. Case No. 2019-5493.

193 A.D.3d 516 (2021)

141 N.Y.S.3d 847

2021 NY Slip Op 02257

The People of the State of New York, Respondent, v. Theodore Dalton, Appellant.

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

Decided April 13, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Molly Schindler of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Shane Magnetti of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, JJ.

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 mitigating factors defendant cites were adequately taken into account by the guidelines or are outweighed by defendant's criminal history of three sex offenses, two of which were felonies, and the fact that he committed the underlying offense after having twice been adjudicated a level three...

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