PEOPLE v. KELLY

4411/02, 8627, 8626.

170 A.D.3d 453 (2019)

93 N.Y.S.3d 836

2019 NY Slip Op 01654

The People of the State of New York, Respondent, v. Benjamin Kelly, Appellant.

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

Decided March 7, 2019.


The court providently exercised its discretion in denying a modification of defendant's level two classification. Although defendant contends he has lived a law-abiding life for an extended period since his release, he had been free of parole supervision for only four years at the time of the petition. Defendant inadequately substantiated the other mitigating factors he cited. In any event, even if the mitigating factors were established, they are outweighed by the seriousness...

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