PEOPLE v. McFARLAND

5329/02, 12996

120 A.D.3d 1121 (2014)

992 N.Y.S.2d 414

2014 NY Slip Op 06273

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ELIAS McFARLAND, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 23, 2014.


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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