Peoplev.Williams

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial DepartmentMar 15, 2019
2019 N.Y. Slip Op. 1937 (N.Y. App. Div. 2019)

278 KA 17-01903

03-15-2019

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. THOMAS WILLIAMS, DEFENDANT-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.


PRESENT:

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Appeal from an order of the Monroe County Court (Christopher S. Ciaccio, J.), entered August 18, 2017. The order denied the petition of defendant for a downward modification of his risk level 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 two risk pursuant to the Sex Offender Registration Act (§ 168 et seq.). We conclude that County Court properly determined that 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 Higgins, 55 AD3d 1303, 1303 [4th Dept 2008]).

Entered: March 15, 2019

Mark W. Bennett

Clerk of the Court