Opinion
12-29-2016
The PEOPLE of the State of New York, Respondent, v. Jose GARCIA, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Shane Tela of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Philip Morrow of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Shane Tela of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Philip Morrow of counsel), for respondent.
Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on August 27, 2014, which denied defendant's petition to modify his sex offender classification, unanimously affirmed.
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 are outweighed by the seriousness of the underlying sex crime against a child, defendant's continuing unlawful conduct after being released from prison on that conviction, and his failure to accept responsibility.
MAZZARELLI, J.P., SWEENY, RICHTER, MANZANET–DANIELS, FEINMAN, JJ., concur.