Opinion
6807 Ind. 1271/99
06-07-2018
The PEOPLE of the State of New York, Respondent, v. Alfred DIMARTINI, Defendant–Appellant.
Rosemary Herbert, Office of the Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Ryan P. Mansell of counsel), for respondent.
Rosemary Herbert, Office of the Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Ryan P. Mansell of counsel), for respondent.
Manzanet–Daniels, J.P., Tom, Andrias, Kapnick, Singh, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about September 30, 2015, which denied in part defendant's Correction Law § 168–o(2) petition to modify his sex offender classification, unanimously affirmed, without costs.
Assuming that the order is appealable (see People v. Tilley, 138 A.D.3d 547, 28 N.Y.S.3d 590 [1st Dept. 2016] ), we find that the court providently exercised its discretion when it reduced defendant's level three classification to level two but declined to reduce it further. Defendant failed to establish by clear and convincing evidence a basis for a modification to level one (see People v. Lashway, 25 N.Y.3d 478, 13 N.Y.S.3d 337, 34 N.E.3d 847 [2015] ; People v. Lopez, 154 A.D.3d 531, 61 N.Y.S.3d 883 [1st Dept. 2017] ). The court's grant of only partial relief is supported by the totality of mitigating and aggravating factors.