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People v. Theodore McCollum

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 2011
83 A.D.3d 1504 (N.Y. App. Div. 2011)

Opinion

April 29, 2011.

Appeal from an order of the Ontario County Court (Frederick G. Reed, A.J.), dated March 23, 2010. The order denied defendant's petition to modify the determination that he is a level three risk pursuant to the Sex Offender Registration Act.

Present — Scudder, P.J., Smith, Lindley, Green and Gorski, JJ.


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 Correction Law § 168-o; see People v Cullen, 79 AD3d 1677).


Summaries of

People v. Theodore McCollum

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 2011
83 A.D.3d 1504 (N.Y. App. Div. 2011)
Case details for

People v. Theodore McCollum

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE McCOLLUM…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 29, 2011

Citations

83 A.D.3d 1504 (N.Y. App. Div. 2011)
921 N.Y.S.2d 576

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