While we recognize that a court has discretion to grant a modification of a sex offender classification, the court improvidently exercised such discretion in this case. Defendant failed to meet his burden under Correction Law § 168-o(2) of presenting clear and convincing evidence that a downward modification of his risk level is warranted.
Defendant's apparent sobriety while incarcerated and during the first 17 months after his release to parole supervision...
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