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PEOPLE v. BERNSTEIN

FalseAppeal No. 12143. Case No. 2019-3533.

187 A.D.3d 607 (2020)

131 N.Y.S.3d 132

2020 NY Slip Op 06021

The People of the State of New York, Respondent, v. Brett Bernstein, Appellant.

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

Decided October 22, 2020.

The court providently exercised its discretion in denying a modification of defendant's level three classification. The mitigating circumstances cited by defendant, who was a gym teacher at the time of the underlying offenses, do not outweigh the seriousness of the underlying sex crimes against his two 14-year-old students, by which defendant demonstrated a grave risk to society (see People v Lopez, 154 A.D.3d 531 [1st Dept 2017...

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