Opinion
10465 Ind. 2013/11
12-03-2019
The PEOPLE of the State of New York, Respondent, v. Monserrate RODRIGUEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Kristian D. Amundsen 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 (Kristian D. Amundsen of counsel), for respondent.
Friedman, J.P., Oing, Singh, Moulton, JJ.
Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered on or about January 30, 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 law abiding conduct after being released from custody, but while under supervision, is insufficient to demonstrate that his serious threat of recidivism against children has abated.