THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JOHN GROSSMAN DEFENDANT APPELLANT (2011)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN GROSSMAN, DEFENDANT–APPELLANT.

KA 10–00703

Decided: June 10, 2011

PRESENT: SCUDDER, P.J., SMITH, CARNI, SCONIERS, AND GREEN, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT–APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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 Correction Law § 168–o (2) seeking to modify the prior determination that he is a level three risk pursuant to the Sex Offender Registration Act (§ 168 et seq.). As County Court properly determined, “defendant failed to meet his ‘burden of proving the facts supporting the requested modification by clear and convincing evidence’ “ (People v. Higgins, 55 AD3d 1303, quoting § 168–o [2]; see People v. McCollum, 83 AD3d 1504; People v. Cullen, 79 AD3d 1677, lv denied 16 NY3d 709).

Patricia L. Morgan

Clerk of the Court

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