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PEOPLE v. PAREDES

2336, 5659/02.

144 A.D.3d 609 (2016)

2016 NY Slip Op 08018

41 N.Y.S.3d 421

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINGO PAREDES, Appellant.

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

Decided November 29, 2016.

The court correctly assessed 10 points for unsatisfactory conduct while confined. The assessment, which was based on a recent tier III disciplinary violation, was supported by clear and convincing evidence (see Correction Law § 168-n [3]; People v Mingo, 12 N.Y.3d 563, 571 [2009]). The existence of the violation was undisputed and it was set forth in the case summary. To the extent defendant challenges the evidence underlying...

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