PEOPLE v. ROSARIO (2024)

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

The PEOPLE of the State of New York, Respondent, v. Hiram ROSARIO, Defendant-Appellant.

2168

Decided: May 02, 2024

Manzanet–Daniels, J.P., Kern, Friedman, Rosado, O'Neill Levy, JJ.

Twyla Carter, The Legal Aid Society, New York (Aviva Galpert of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Noah J. Sexton of counsel), for respondent.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about April 19, 2018, which denied in part defendant's Correction Law § 168–o(2) petition to modify his sex offender classification, unanimously affirmed, without costs.

The court providently exercised its discretion in modifying defendant's risk level three classification to level two but denying a further modification to level one. The mitigating factors cited by defendant, when viewed in light of the aggravating factors, including the seriousness of defendant's underlying offenses against two young relatives, warrants only a modification to a risk level two adjudication (see People v. Johnson, 124 A.D.3d 495, 496, 1 N.Y.S.3d 103 [1st Dept. 2015]).

Although defendant challenges the adequacy of the court's findings, remand is unnecessary because the record is sufficient for this Court to make its own findings (see People v. Lewis, 143 A.D.3d 604, 605, 40 N.Y.S.3d 374 [1st Dept. 2016], lv denied 28 N.Y.3d 916, 2017 WL 628759 [2017]).

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