PEOPLE v. THEODORE McCOLLUM

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).