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PEOPLE v. ALAOUIE

5359, 6839/99

86 A.D.3d 462 (2011)

926 N.Y.S.2d 530

2011 NY Slip Op 5940

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MOHAMMED ALAOUIE, Appellant.

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

Decided July 14, 2011.

The court properly exercised its discretion in determining that substantial justice dictated denial of the application. Regardless of whether it sometimes used terminology other than "dictated," the court expressly relied on the applicable standard (see People v Marti, 81 A.D.3d 418 [2011]), and it properly considered appropriate criteria. Uncontested information about defendant's very serious pattern of violent behavior while incarcerated...

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