Opinion
10408 Ind. 5665/99
11-21-2019
The PEOPLE of the State of New York, Respondent, v. Lloyd GREENE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Waleska Suero Garcia of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Schindler of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Waleska Suero Garcia of counsel), for respondent.
Richter, J.P., Manzanet–Daniels, Gische, Webber, Kern, JJ.
Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered on or about November 6, 2017, which denied defendant's Correction Law § 168–o(2) petition to modify his sex offender classification, unanimously affirmed, without costs.
Initially, we conclude that the order is appealable as of right ( CPLR 5701[a] ; People v. Shaljamin, 164 A.D.3d 1169, 82 N.Y.S.3d 406 [1st Dept. 2018] ). The court providently exercised its discretion in denying a modification of defendant's level three classification, because defendant failed to establish by clear and convincing evidence the requisite basis (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] ). Although defendant adequately documented the mitigating factors he cited, the court appropriately weighed the positive strides that defendant had made against the relatively short time he had been without supervision. The court's finding that insufficient time had passed since his release to reliably predict his risk of re-offense is supported by the record.