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PEOPLE v. MORALES

Ind. No. 99075/15. Appeal No. 14203. Case No. 2018-1641.

197 A.D.3d 1051 (2021)

151 N.Y.S.3d 877

2021 NY Slip Op 05099

The People of the State of New York, Respondent, v. Marc Morales, Appellant.

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Robin Richardson of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Joshua P. Weiss of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Pitt, 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's proffered mitigating factors, including his family support system and educational plans, were adequately taken into account by the guidelines. Further, defendant has not shown that these circumstances actually reduced his particular risk...

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