People v. Higgins
This text of 55 A.D.3d 1303 (People v. Higgins) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 § 168-0 seeking to modify the determination “regarding the level of notification” (§ 168-0 [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” (§ 168-0 [2]). Present—Scudder, P.J., Centra, Fahey, Peradotto and Green, JJ.
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Cite This Page — Counsel Stack
55 A.D.3d 1303, 864 N.Y.S.2d 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-higgins-nyappdiv-2008.