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PEOPLE v. JAMES D.

Ind. No. 1473/15. Appeal No. 14913. Case No. 2020-03760.

200 A.D.3d 618 (2021)

155 N.Y.S.3d 766

2021 NY Slip Op 07521

The People of the State of New York, Respondent, v. James D., Appellant.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Shaina R. Watrous of counsel), for appellant.

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

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.

The court providently exercised its discretion when it declined to grant a downward departure (see generally People v Gillotti, 23 N.Y.3d 841 [2014]), and we find no basis to substitute our own discretion in this regard. The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, or were outweighed by the seriousness of the underlying crime and the nature and number of his other...

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