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PEOPLE v. WELSH

Ind. No. 2815/10. Appeal No. 14291. Case No. 2016-2171.

198 A.D.3d 426 (2021)

152 N.Y.S.3d 295

2021 NY Slip Op 05301

The People of the State of New York, Respondent, v. Gilbert Welsh, Appellant.

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

Decided October 5, 2021.

Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York ( Ellen Stanfield Friedman of counsel), for respondent.

Concur— Webber, J.P., Singh, Scarpulla, Mendez, Rodriguez, JJ.

The totality of the information presented to the court constituted clear and convincing evidence to warrant the point assessment under the risk factor for alcohol abuse, under the standard set forth in People v Palmer (20 N.Y.3d 373, 378-379 [2013]).

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014...

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