Opinion
2016–06889
10-03-2018
PEOPLE of State of New York, respondent, v. William PERRY, appellant.
Paul Skip Laisure, New York, N.Y. (Ronald Zapata of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Ronald Zapata of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (Neil Jon Firetog, J.), dated June 8, 2016, which, after a hearing, granted his petition pursuant to Correction Law § 168–o(2) to modify his risk level classification under Correction Law article 6–C only to the extent of designating him a level two sex offender.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant petitioned pursuant to Correction Law § 168–o(2) to modify his risk classification under the Sex Offender Registration Act (see Correction Law art 6–C) from level three to level one. In the order appealed from, the Supreme Court granted the defendant's petition only to the extent of designating him a level two sex offender. The defendant appeals.
Contrary to the People's contention, the defendant may appeal as of right from the order (see CPLR 5701[1] ; People v. Charles, 162 A.D.3d 125, 77 N.Y.S.3d 130 ; People v. Willis, 130 A.D.3d 1470, 1471, 12 N.Y.S.3d 758 ).
The defendant failed to establish, by clear and convincing evidence, facts warranting a modification of his existing risk level classification to risk level one (see People v. Smith, 154 A.D.3d 890, 891, 62 N.Y.S.3d 275 ; People v. McClinton, 153 A.D.3d 738, 740, 61 N.Y.S.3d 57 ; People v. Hayden, 144 A.D.3d 1010, 1010–1011, 40 N.Y.S.3d 917 ). Accordingly, we agree with the Supreme Court's determination granting the defendant's petition pursuant to Correction Law § 168–o(2) to modify his risk level classification under Correction Law article 6–C only to the extent of designating him a level two sex offender.
DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.