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The People of the State of New York v. Theodore Mccollum

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 29, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
THEODORE MCCOLLUM,
DEFENDANT-APPELLANT.

Appeal from an order of the Ontario County Court (Frederick G. Reed, A.J.), dated March 23, 2010.

People v Mccollum

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 29, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND GORSKI, JJ.

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, quoting § 168-o [2]; see People v Cullen, 79 AD3d 1677).

Entered: April 29, 2011

Patricia L. Morgan Clerk of the Court

20110429

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