| People v Higgins |
| 2008 NY Slip Op 07342 [55 AD3d 1303] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Lawrence K. Higgins, Appellant. |
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Richard E. Swinehart, District Attorney, Waterloo (John A. Cirando of counsel), for respondent.
Appeal from an order of the Seneca County Court (W. Patrick Falvey, J.), entered August 2, 2007. The order denied defendant's petition to modify the determination that he is a level two 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 seeking to modify the determination "regarding the level of notification" (§ 168-o [2]), i.e., that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 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" (§ 168-o [2]). Present—Scudder, P.J., Centra, Fahey, Peradotto and Green, JJ.