PEOPLE v. JOHNSON (2026)

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about October 5, 2023, which denied in part defendant's Correction Law § 168–o(2) petition to modify his sex offender classification, unanimously affirmed, without costs.

Pursuant to defendant's Correction Law § 168–o(2) petition, the court modified defendant's risk level three classification to level two but denied a further modification to level one.  Defendant has presented no basis for this Court to exercise its independent discretion to further reduce defendant's risk level to level one.  The mitigating factors cited by defendant, including his age, lack of sexual offense convictions since 1988 and criminal convictions since 2009, and community support, when viewed in light of the aggravating factors, including the seriousness of defendant's underlying crime of rape at knifepoint, persistent denial that he needs sex offense treatment, conditional remorse, and lack of evidence documenting his sobriety, warrant 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];  cf.  People v. Davis, 179 A.D.3d 183, 187, 115 N.Y.S.3d 350 [2d Dept 2019]).