Topic: a defendant seeking a downward departure has the initial bu… · Go Syfert
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Topic #28350

2 canonical passages across 2 cases, quoted by 11 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from People v. Watson.

#Case FlagCanonical passage Citers
1 People v. Watson Anchor
nyappdiv · 2012
green “a defendant seeking a downward departure has the initial burden of ' . . . identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, th…” 8
2 People v. Smith
nyappdiv · 2014
green “appropriate mitigating factors” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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