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People v. Leach

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 19, 2021
192 A.D.3d 1507 (N.Y. App. Div. 2021)

Opinion

324 KA 19-00671

03-19-2021

The PEOPLE of the State of New York, Respondent, v. Michael LEACH, Defendant-Appellant.

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.


Summaries of

People v. Leach

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 19, 2021
192 A.D.3d 1507 (N.Y. App. Div. 2021)
Case details for

People v. Leach

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Michael LEACH…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Mar 19, 2021

Citations

192 A.D.3d 1507 (N.Y. App. Div. 2021)
140 N.Y.S.3d 798