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PEOPLE v. SHALJAMIN

7121. 810/94.

164 A.D.3d 1169 (2018)

82 N.Y.S.3d 406

2018 NY Slip Op 06214

The People of the State of New York, Respondent, v. Niki Shaljamin, Appellant.

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

Decided September 25, 2018.

We conclude that the order is appealable under the general principles relating to civil appeals contained in CPLR 5701 (a), and that nothing in the Correction Law is to the contrary (see People v Charles, 162 A.D.3d 125, 133-140 [2d Dept 2018]).

However, we find that the court providently exercised its discretion in denying a modification of defendant's level two classification. Defendant failed to establish by clear and...

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