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PEOPLE v. BAISLEY

13972, 30215/11.

124 A.D.3d 485 (2015)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL BAISLEY, Appellant.

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

Decided January 20, 2015.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The underlying offense was committed against two 13-year-old girls, and defendant has not established that his alleged good behavior in the years following his release from prison warrants a downward departure. In any event, while defendant was not convicted...

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