Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Jose Rodriguez, Appellant
138 A.D.3d 62128 N.Y.S.3d 873·New York Supreme Court, Appellate Division·2016·NY
Concur — Tom, J.P., Andrias, Manzanet-Daniels, Kapnick and Gesmer, JJ.
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Opinion
The People of the State of New York, Respondent, v Jose Rodriguez, Appellant.
[28 NYS3d 873]
[MAJORITY]
Order, Supreme Court, New York County (James M. Burke, J.), entered on or about December 22, 2014, which denied defendant’s Correction Law § 168-o (2) petition to modify his sex offender classification from level three to level two, unanimously affirmed, without costs.
The court providently exercised its discretion in denying a modification. The mitigating factors cited by defendant, including his age and his positive progress, are outweighed by the seriousness of the underlying crime and defendant’s criminal record, including his parole violations (see e.g. People v McCormick, 129 AD3d 644 [1st Dept 2015], lv denied 26 NY3d 908 [2015]).
Concur — Tom, J.P., Andrias, Manzanet-Daniels, Kapnick and Gesmer, JJ.