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PEOPLE v. FINDLEY

2015-05726.

140 A.D.3d 842 (2016)

31 N.Y.S.3d 892

2016 NY Slip Op 04394

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAURA L. FINDLEY, Appellant.

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

Decided June 8, 2016.

Ordered that the order is affirmed, without costs or disbursements.

A defendant seeking a downward departure from the presumptive risk level has the burden of identifying, as a matter of law, an appropriate mitigating factor, and establishing, by a preponderance of the evidence, facts in support of the identified mitigating factor (see People v Gillotti, 23 N.Y.3d 841, 861 [2014]; People v Wyatt, 89...

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