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PEOPLE v. AFRANE

46, 6310/88

135 A.D.3d 647 (2016)

23 N.Y.S.3d 570

2016 NY Slip Op 00590

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS AFRANE, Appellant.

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

Decided January 28, 2016.

The court properly exercised its discretion when it declined to grant defendant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The mitigating factors cited by defendant did not warrant a departure, given the seriousness of the underlying sex crimes that defendant repeatedly committed against his young...

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