People v McCollum

2011 NY Slip Op 03366 [83 AD3d 1504]

April 29, 2011

Appellate Division, Fourth Department

As corrected through Wednesday, June 8, 2011

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

—[*1]Jones & Morris, Victor (Michael A. Jones, Jr., of counsel), for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Brian D. Dennis of counsel), forrespondent.

Appeal from an order of the Ontario County Court (Frederick G. Reed, A.J.), dated March23, 2010. The order denied defendant's petition to modify the determination that he is a levelthree risk pursuant to the Sex Offender Registration Act.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order denying his petition pursuant to CorrectionLaw § 168-o (2) seeking to modify the prior determination that he is a level threerisk pursuant to the Sex Offender Registration Act (§ 168 et seq.). "We agree withCounty Court that defendant failed to meet his 'burden of proving the facts supporting therequested modification by clear and convincing evidence' " (People v Higgins, 55 AD3d 1303 [2008], quoting Correction Law§ 168-o [2]; see People vCullen, 79 AD3d 1677 [2010]). Present—Scudder, P.J., Smith, Lindley, Greenand Gorski, JJ.