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PEOPLE v. STUCKEY

9854. 3011/03.

174 A.D.3d 454 (2019)

101 N.Y.S.3d 846

2019 NY Slip Op 05626

The People of the State of New York, Respondent, v. Anderson Stuckey, Appellant.

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

Decided July 11, 2019.

The court providently exercised its discretion in declining to grant a downward departure (see generally People v Gillotti, 23 N.Y.3d 841, 861 [2014]). Defendant's favorable prison disciplinary record and completion of treatment programs were adequately taken into account by the risk assessment instrument (see e.g. People v Palmer, 166 A.D.3d 536

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