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PEOPLE v. BRIMMAGE

Ind. No. 3567/14. Appeal No. 14207. Case No. 2019-5705.

197 A.D.3d 1052 (2021)

151 N.Y.S.3d 887

2021 NY Slip Op 05100

The People of the State of New York, Respondent, v. Rashid Brimmage, 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 ( Ronald Alfano of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Kerry Fulham 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]). Each of the point assessments at issue was supported by clear and convincing evidence. We note that either of these assessments, when added to undisputed points, would suffice to support a level two adjudication. Points were properly assessed under risk factor 11 for a history of drug abuse based...

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