PEOPLE v. GROSSMAN

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 § 168-0 (2) seeking to modify the prior determination that he is a level three risk pursuant to the Sex Offender Registration Act (§ 168 et seq.). As County Court properly determined, "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 § 168-0 [2]; see People v McCollum, 83 AD3d 1504; People v Cullen, 79 AD3d 1677, lv denied 16 NY3d 709).