People v Lewis, 2022 NY Slip Op 07515 [211 AD3d 647]

December 29, 2022

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Mark Lewis, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Nicole P. Geoglis of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Anna Notchick of counsel), for respondent.

Order, Supreme Court, New York County (Miriam R. Best, J.), entered on or about June 2, 2021, which, to the extent appealed from, denied defendant’s Correction Law § 168-o (2) petition to modify his sex offender classification to risk level one, unanimously affirmed, without costs.

The court providently exercised its discretion in modifying defendant’s level three classification to level two but denying a further modification to level one. We have considered all the mitigating factors cited by defendant and find that, when weighed against factors indicative of a risk of reoffense, including the seriousness of defendant’s criminal history and his unaddressed mental health problems, the totality of mitigating factors only warrant a modification to level two ( see People v Bernstein , 187 AD3d 607 [1st Dept 2020], lv denied 36 NY3d 905 [2021]; People v Johnson , 124 AD3d 495 , 496 [1st Dept 2015]). Concur—Manzanet-Daniels, J.P., Oing, Singh, Moulton, Mendez, JJ..