Opinion
10-17-2017
The PEOPLE of the State of New York, SCID Respondent, v. Antonio LOPEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about July 27, 2016, which denied defendant's Correction Law § 168–o(2) petition to modify his sex offender classification, unanimously affirmed, without costs.
Defendant failed to establish by clear and convincing evidence a basis for modification of his risk level (see People v. Lashway, 25 N.Y.3d 478, 13 N.Y.S.3d 337, 34 N.E.3d 847 [2015] ). Defendant's expression of remorse is not new, and was considered by the SORA court at the original hearing. The remaining mitigating factors cited by defendant, including his failure to reoffend since his release from prison on the underlying conviction, do not outweigh the seriousness of the sex crime, which was committed against a child over an extended period of time (see People v. Johnson, 124 A.D.3d 495, 1 N.Y.S.3d 103 [1st Dept.2015] ; People v. Vega, 115 A.D.3d 461, 461–62, 981 N.Y.S.2d 530 [1st Dept.2014], lv. denied 23 N.Y.3d 905, 2014 WL 2580152 [2014] ).
TOM, J.P., RICHTER, ANDRIAS, GESMER, SINGH, JJ., concur.