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PEOPLE v. HIGGINS
Appellate Division of the Supreme Court of New York, Fourth Department.
Oct 3, 2008
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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" (§ 168-0 [2]).
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