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PEOPLE v. McCOLLUM

Ind. No. 99059/15. Appeal No. 14095. Case No. 2017-1509.

195 A.D.3d 527 (2021)

145 N.Y.S.3d 786

2021 NY Slip Op 03919

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

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Jose David Rodriguez-Gonzalez of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Diana J. Lewis of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, 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]). Defendant failed to identify "mitigating circumstances... of a kind or to a degree not adequately taken into account by the guidelines" and to "adduce[] sufficient evidence" showing that such circumstances "actually exist in the case at hand" (id...

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