Opinion
7751 Ind. 3075/01
11-29-2018
The PEOPLE of the State of New York, Respondent, v. Ralph HANKERSON, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Richter, J.P., Manzanet–Daniels, Gische, Kapnick, Gesmer, JJ.
The court providently exercised its discretion when it declined to grant a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). The underlying sex crime was committed under egregious circumstances, and defendant did not establish that his health problems were so serious that they would minimize the likelihood of recidivism (see e.g. People v. Portalatin, 145 A.D.3d 463, 41 N.Y.S.3d 712 [1st Dept. 2016] ) or that his age warranted a downward departure.