People v. Johnson

Summary

The Appellate Division, First Department, unanimously affirmed an order denying in part Derek Johnson’s petition under Correction Law § 168-o(2) to modify his sex offender classification. The court upheld modification from risk level three to level two, concluding that the mitigating factors did not justify a further reduction to level one in light of the aggravating factors.

Holdings

1. The Appellate Division declined to further reduce defendant's risk classification to level one because the mitigating factors, viewed together with the aggravating factors, supported only a level-two classification.

Questions Presented

1. Whether defendant's mitigating circumstances warranted exercising the court's independent discretion to reduce his sex offender risk classification from level two to level one.

Disposition

affirmed