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PEOPLE v. RODRIGUEZ

10465. 2013/11.

178 A.D.3d 439 (2019)

111 N.Y.S.3d 171

2019 NY Slip Op 08631

The People of the State of New York, Respondent, v. Monserrate Rodriguez, Appellant.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Abigail Everett of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Kristian D. Amundsen of counsel), for respondent.

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.

We decline to revisit our holding that this type of order is appealable (People v Shaljamin, 164 A.D.3d 1169 [1st Dept 2018]).

The court providently exercised its discretion when it declined to grant a downward modification of defendant's level three classification (see People v Lashway, 25 N.Y.3d 478 [2015]). Defendant's law abiding conduct...

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