Opinion
10-06-2016
The PEOPLE of the State of New York, Respondent, v. Francis HARRISON, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Stephen J. Kress of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Stephen J. Kress of counsel), for respondent.
Order, Supreme Court, New York County (Patricia Nunez, J.), entered on September 3, 2015, which denied defendant's petition to modify his sex offender classification, unanimously affirmed, without costs.
Defendant failed to meet his burden under Correction Law § 168–o of presenting clear and convincing evidence that a downward modification of his risk level is warranted (see People v. Torres, 120 A.D.3d 1126, 992 N.Y.S.2d 419 [1st Dept. 2014], lv. denied 24 N.Y.3d 911, 2014 WL 7152473 [2014] ). The factors cited by defendant, including his advanced age and the fact that he did not commit any additional sex crimes in the four years since his release from prison, are outweighed by his violent criminal behavior, his prior history of sexual misconduct, his unsatisfactory record while incarcerated, and his parole violation, factors we noted on defendant's appeal from his original sex offender adjudication (74 A.D.3d 688, 902 N.Y.S.2d 821 [1st Dept.2010], lv. denied 15 N.Y.3d 711, 2010 WL 4068522 [2010] ).
RENWICK, J.P., RICHTER, MANZANET–DANIELS, FEINMAN, KAPNICK, JJ., concur.