Defendant failed to meet his burden under Correction Law § 168-o of presenting clear and convincing evidence that a downward modification to level two is warranted. Defendant has a long history of sex crimes, and even while residing in a nursing home and confined to a wheelchair he sexually abused incapacitated fellow residents. In his current situation, defendant is able to move around, by wheelchair and without supervision, in his nursing home, which houses a population...
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