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PEOPLE v. THEN

Ind. No. 2258/09. Appeal No. 13590. Case No. 2019-04230.

193 A.D.3d 531 (2021)

142 N.Y.S.3d 346

2021 NY Slip Op 02345

The People of the State of New York, Respondent, v. Jonathan Then, Appellant.

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

Decided April 15, 2021.

Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York ( Meghan McLoughlin , of counsel), for respondent.

Concur—Renwick, J.P., Gische, Moulton, Mendez, JJ.

The court providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841, 861 [2014]). The mitigating factors cited by defendant were adequately accounted for in the risk assessment instrument or were outweighed by the seriousness of the underlying offenses, which involved young children. We have considered and rejected defendant's remaining...

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