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PEOPLE v. JOHNS

Ind. No. 130/81. Appeal No. 14632. Case No. 2019-1222.

199 A.D.3d 529 (2021)

154 N.Y.S.3d 437

2021 NY Slip Op 06449

The People of the State of New York, Respondent, v. Delano Johns, Appellant.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Ellen Dille of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Felicia A. Yancey of counsel), for respondent.

Concur—Webber, J.P., Kern, González, Mendez, Shulman, JJ.

We have previously held that an order denying the modification of sex offender classification is appealable under the general principles relating to civil appeals contained in CPLR 5701(a) (People v Shaljamin, 164 A.D.3d 1169 [1st Dept 2018]). We decline to revisit this holding.

The court providently exercised its discretion when it declined to grant a downward modification of defendant's level three classification (see...

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