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PEOPLE v. SMALLS

Ind. No. 8158/95. Appeal No. 15065. Case No. 2020-04873.

201 A.D.3d 504 (2022)

156 N.Y.S.3d 854

2022 NY Slip Op 00256

The People of the State of New York, Respondent, v. Dwight Smalls, Appellant.

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

Decided January 13, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Alma D. Gonzalez of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Shane Magnetti of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.

The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the guidelines, or were outweighed by aggravating factors, including the seriousness of the underlying offense and defendant's prison disciplinary record. Defendant has not shown that his age (50) and family situation...

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