THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. THEODORE MCCOLLUM, DEFENDANT–APPELLANT.
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 ). “We agree with County Court that 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 ; see People v. Cullen, 79 AD3d 1677).
Patricia L. Morgan
Clerk of the Court