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PEOPLE v. PAGAN

No. 97.

19 N.Y.3d 368 (2012)

971 N.E.2d 347

948 N.Y.S.2d 217

2012 NY Slip Op 4278

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE PAGAN, Appellant.

Court of Appeals of New York.

Decided June 5, 2012.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Steven B. Wasserman and Steven Banks of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Karen Griffin , Leonard Koerner and Stephen J. McGrath of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ and JONES concur with Judge GRAFFEO; Judge SMITH dissents in a separate opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

GRAFFEO, J.

The threshold question before us is whether a defendant can appeal from an order modifying the conditions of a sentence of probation. We conclude that such an appeal is not authorized by the Criminal Procedure Law. Instead, judicial review must be sought in a CPLR article 78 proceeding.

Defendant Jorge Pagan pleaded guilty to one count of criminal possession of a weapon in the third degree. Pursuant to a

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