Defendant appeals from an order of the Criminal Court of the City of New York, Bronx County, (Harold Adler, J.), entered July 23, 2014, which denied his Correction Law § 168-o(2) petition to modify his sex offender classification from level three to level one.

Per Curiam.

Order (Harold Adler, J.), entered on or about July 23, 2014, affirmed, without costs.

As a threshold matter, we reject the People's contention that the order denying defendant's petition for downward modification of his sex offender risk level is not appealable (see People v Wills, 130 AD3d 1470 [2015]; see also People v Lashway, 25 NY3d 478 [2015]).

The court providently exercised its discretion in denying any modification (see People v McCCormick, 129 AD3d 644 [2015], lv denied 26 NY3d 908 [2015]). Defendant cites his good behavior in the years since his release from prison on the underlying conviction, completion of sex offender treatment and the fact that he has reached his late 40's. However, these factors are outweighed by the seriousness and nature of the underlying sex crime committed against a minor, as well as his prior felony conviction for a sex crime committed against a young child (see People v Thomas, 105 AD3d 640 [2013], lv denied 21 NY3d 863 [2013]; People v Torres, 120 AD3d 1126 [2014], lv denied 24 NY3d 911 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.