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People v. HigginsPeople v. Higgins

Appellate Division of the Supreme Court of the State of New York
Oct 3, 2008
Reporters:
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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 seeking to modify the determination “regarding the level of notification” (§ 168-o [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-o [2]). Present—Scudder, P.J., Centra, Fahey, Peradotto and Green, JJ.

Case Details

Case Name: People v. Higgins
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Oct 3, 2008
Citations: 55 A.D.3d 1303; 864 N.Y.S.2d 356
Court Abbreviation: N.Y. App. Div.
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