Opinion
10-19-2017
The PEOPLE of the State of New York, Respondent, v. Eric JACKSON, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Kerry Elgarten of Counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Samuel L. Yellen of Counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Kerry Elgarten of Counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Samuel L. Yellen of Counsel), for respondent.
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 mitigating factors cited by defendant, such as those relating to the facts of the crime and defendant's subsequent good behavior, were adequately taken into account by the risk assessment instrument. Even accepting defendant's argument that the assessment of 30 points for a prior violent felony involving no actual violence may have been excessive, we note that in denying a departure the court properly considered defendant's multiple misdemeanor weapon possession convictions and his prior misdemeanor assault conviction.
We find no basis to conclude that the court employed the wrong standard in analyzing defendant's request for a downward departure.
ACOSTA, P.J., FRIEDMAN, WEBBER, OING, and MOULTON, JJ., concur.