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PEOPLE v. LONG

984/79, 445, 2173/79, 444.

137 A.D.3d 502 (2016)

26 N.Y.S.3d 471

2016 NY Slip Op 01615

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AVON LONG, Appellant.

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

Decided March 8, 2016.

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). There were no mitigating factors that were not adequately taken into account by the guidelines, or outweighed by seriousness of the underlying criminal conduct.

The record fails to support defendant's claim that the hearing court applied an incorrect...

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