Opinion
10195 Dkt. 13808/01
10-24-2019
The PEOPLE of the State of New York, Respondent, v. Rodney HARPER, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Ryan J. Foley of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Ryan J. Foley of counsel), for respondent.
Friedman, J.P., Kapnick, Oing, Singh, JJ.
Order Supreme Court, Bronx County (Harold Adler, J.), entered on or about June 4, 2018, which denied defendant's Correction Law § 168–o (2) petition to modify his sex offender classification, unanimously affirmed, without costs.
We decline to revisit our holding that this type of order is appealable ( People v. Shaljamin, 164 A.D.3d 1169, 82 N.Y.S.3d 406 [1st Dept. 2018] ). The court providently exercised its discretion when it declined to grant a downward modification of defendant's level three classification (see People v. Lashaway, 25 N.Y.3d 478, 13 N.Y.S.3d 337, 34 N.E.3d 847 [2015] ). Defendant's long period of law abiding conduct after being released from custody was outweighed by the seriousness of the underlying sex crime against a child, as well as the fact that, at an earlier stage of his life, defendant had committed another sex crime against a child. The motion court was appropriately concerned that, in these circumstances, defendant's threat of recidivism remained.