Rosemary Herbert, Office of the Appellate Defender, New York (Lauren Stephens-Davidowitz of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Ryan P. Mansell of counsel), for respondent.

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about September 30, 2015, which denied in part defendant's Correction Law § 168-o (2) petition to modify his sex offender classification, unanimously affirmed, without costs.

Assuming that the order is appealable (see People v Tilley, 138 AD3d 547 [1st Dept 2016]), we find that the court providently exercised its discretion when it reduced defendant's level three classification to level two but declined to reduce it further. Defendant failed to establish by clear and convincing evidence a basis for a modification to level one (see People v Lashway, 25 NY3d 478 [2015]; People v Lopez, 154 AD3d 531 [1st Dept 2017]). The court's grant of only partial relief is supported by the totality of mitigating and aggravating factors. Concur—Manzanet-Daniels, J.P., Tom, Andrias, Kapnick, Singh, JJ.