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PEOPLE v. DiMARTINI

6807, 1271/99.

162 A.D.3d 450 (2018)

74 N.Y.S.3d 745

2018 NY Slip Op 04093

The People of the State of New York, Respondent, v. Alfred DiMartini, Appellant.

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

Decided June 7, 2018.

Assuming that the order is appealable (see People v Tilley, 138 A.D.3d 547 [1st Dept 2016]), we find that the court providently exercised its discretion when it reduced defendant's level three classification to level two but declined to reduce it further. Defendant failed to establish by clear and convincing evidence a basis for a modification to level one (see People v Lashway, 25 N.Y.3d 478

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