Opinion
324 KA 19-00671
03-19-2021
KELIANN M. ARGY, ORCHARD PARK, FOR DEFENDANT-APPELLANT.
KELIANN M. ARGY, ORCHARD PARK, FOR DEFENDANT-APPELLANT.
PRESENT: CENTRA, J.P., PERADOTTO, CURRAN, WINSLOW, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order denying his petition pursuant to Correction Law § 168-o (2) seeking to modify the prior determination that he is a level three risk pursuant to the Sex Offender Registration Act (§ 168 et seq. ). We conclude that County Court properly denied the petition inasmuch as defendant failed to meet his "burden of proving the facts supporting the requested modification by clear and convincing evidence" ( § 168-o [2] ; see People v. Hegazy , 170 A.D.3d 899, 900, 93 N.Y.S.3d 868 [2d Dept. 2019] ). Defendant failed to preserve for our review his further contention that he was deprived of his right to due process by the alleged inadequacy of the updated recommendation prepared by Board of Examiners of Sex Offenders ( § 168-o [4] ; see generally People v. Willis , 130 A.D.3d 1470, 1471-1472, 12 N.Y.S.3d 758 [4th Dept. 2015] ; People v. Akinpelu , 126 A.D.3d 1451, 1452, 6 N.Y.S.3d 347 [4th Dept. 2015], lv denied 25 N.Y.3d 912, 2015 WL 3951953 [2015] ) and, in any event, we conclude that defendant's contention lacks merit.