PEOPLE v. WEST

Ind. No. 4735/85 Appeal No. 1242 Case No. 2020-03845.

222 A.D.3d 537 (2023)

199 N.Y.S.3d 512

2023 NY Slip Op 06493

The People of the State of New York, Respondent, v. Russell West, Appellant.

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

Decided December 19, 2023.


Attorney(s) appearing for the Case

Twyla Carter, The Legal Aid Society, New York (Aviva Galpert of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Meghan McLoughlin of counsel), for respondent.

Concur—Kapnick, J.P., Kennedy, Rodriguez, Pitt-Burke, Rosado, JJ.


Order, Supreme Court, New York County (Miriam R. Best, J.), entered on or about August 18, 2020, which adjudicated defendant a level three sexually violent predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in denying a downward departure (see People v Gillotti, 23 N.Y.3d 841, 861 [2014]). The mitigating...

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