People v McCormick

People v McCormick 2015 NY Slip Op 05612 Decided on June 30, 2015 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 30, 2015
Tom, J.P., Acosta, Andrias, Moskowitz, Clark, JJ.
15568 9026/96

[*1] The People of the State of New York, Respondent,

v

Terrance McCormick, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (William Terrell, III, of counsel), for respondent.

Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered on or about May 7, 2014, which denied defendant's Correction Law § 168-o(2) petition to modify his sex offender classification from level three to level one, unanimously affirmed, without costs.

The court providently exercised its discretion in denying any modification. Defendant emphasizes that he did not commit any additional sex crimes during the approximately 12 years that followed his release from custody. However, defendant had many other conflicts with the law during that period, including two separate felony convictions, and this pattern indicates an inability to control his behavior. This factor, as well as the seriousness of the underlying sex crime involving young children, outweighs the factors cited by defendant (see People v Johnson, 124 AD3d 495 [1st Dept 2015]; People v McFarland, 120 AD3d 1121 [1st Dept 2014], lv denied 24 NY3d 1053 [2015]; People v Vega, 115 AD3d 461 [1st Dept 2014], lv denied 23 NY3d 905 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 30, 2015

CLERK