People v McCollum
2011 NY Slip Op 03366 [83 AD3d 1504]
April 29, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


The People of the State of New York, Respondent, v Theodore McCollum, Appellant.

—[*1] Jones & Morris, Victor (Michael A. Jones, Jr., of counsel), for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Brian D. Dennis of counsel), for respondent.

Appeal from an order of the Ontario County Court (Frederick G. Reed, A.J.), dated March 23, 2010. The order denied defendant's petition to modify the determination that he is a level three risk pursuant to the Sex Offender Registration Act.

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 agree with County Court that defendant failed to meet his 'burden of proving the facts supporting the requested modification by clear and convincing evidence' " (People v Higgins, 55 AD3d 1303 [2008], quoting Correction Law § 168-o [2]; see People v Cullen, 79 AD3d 1677 [2010]). Present—Scudder, P.J., Smith, Lindley, Green and Gorski, JJ.