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PEOPLE v. LOPEZ

Ind. No. 966/91. Appeal No. 14830. Case No. 2019-2898.

200 A.D.3d 539 (2021)

155 N.Y.S.3d 318

2021 NY Slip Op 06963

The People of the State of New York, Respondent, v. Angel Lopez, Appellant.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Alma D. Gonzalez of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Christopher Michael Pederson of counsel), for respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.

The court providently exercised its discretion in denying a modification of defendant's level three classification, because defendant failed to establish by clear and convincing evidence the requisite basis (see generally People v Lashway, 25 N.Y.3d 478 [2015]). While defendant has not been arrested or convicted of a sex crime in more than 30 years, he was convicted of two felonies and numerous misdemeanors during that period. Most...

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