People v. Cleveland, 519584.

CourtNew York Supreme Court Appellate Division
Writing for the CourtCLARK, J.
Citation2016 N.Y. Slip Op. 03924,139 A.D.3d 1270,31 N.Y.S.3d 678
PartiesThe PEOPLE of the State of New York, Respondent, v. Edward CLEVELAND, Appellant.
Decision Date19 May 2016
Docket Number519584.

139 A.D.3d 1270
31 N.Y.S.3d 678
2016 N.Y. Slip Op. 03924

The PEOPLE of the State of New York, Respondent,
v.
Edward CLEVELAND, Appellant.

519584.

Supreme Court, Appellate Division, Third Department, New York.

May 19, 2016.


31 N.Y.S.3d 678

Jay L. Wilber, Public Defender, Binghamton (Nathan E. Schwartzman of counsel), for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.

Before: LAHTINEN, J.P., McCARTHY, DEVINE, CLARK and MULVEY, JJ.

CLARK, J.

139 A.D.3d 1270

Appeal from a decision of the County Court of Broome County (Smith, J.), dated June 26, 2014, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

Defendant reportedly pleaded guilty to criminal charges and was sentenced to a period of probation.1 The People completed a risk assessment instrument in accordance with the Sex Offender

Registration Act (see Correction Law art. 6–C [hereinafter SORA] ) that presumptively classified defendant as a risk level I sex offender (55 points), and requested an upward departure to a risk level II classification. Following a two-day SORA hearing, County

Court ruled that defendant should be classified as a risk level III sex offender. Defendant now appeals.

By statute, County Court is required to “render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based” (Correction Law § 168–n [3 ] ), and such order must be “entered and filed in the office of the clerk of the court where the action is triable” (CPLR 2220[a] ; see People v. Goodwin, 131 A.D.3d 1284, 1285, 15 N.Y.S.3d 896 [2015] ; People v. Kemp, 130 A.D.3d 1132, 1132–1133, 12 N.Y.S.3d 394 [2015] ). Here, the...

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12 practice notes
  • People v. Lane, 531040
    • United States
    • New York Supreme Court Appellate Division
    • December 23, 2021
    ...193 A.D.3d 1193, 1194, 144 N.Y.S.3d 262 [2021] ; People v. Cann, 152 A.D.3d 828, 829, 58 N.Y.S.3d 697 [2017] ; People v. Cleveland, 139 A.D.3d 1270, 1271, 31 N.Y.S.3d 678 [2016] ). The Legislature has designated the County Clerk as "clerk of the county court within his [or her] county&......
  • People v. Lane, 2021-07324
    • United States
    • United States State Supreme Court (New York)
    • December 23, 2021
    ...see CPLR 5016 [a]; People v Wassilie, 193 A.D.3d 1193, 1194 [2021]; People v Cann, 152 A.D.3d 828, 829 [2017]; People v Cleveland, 139 A.D.3d 1270, 1271 [2016]). The Legislature has designated the County Clerk as "clerk of the county court within his [or her] county" (County Law §......
  • People v. Lane, 531040
    • United States
    • United States State Supreme Court (New York)
    • December 23, 2021
    ...see CPLR 5016 [a]; People v Wassilie, 193 A.D.3d 1193, 1194 [2021]; People v Cann, 152 A.D.3d 828, 829 [2017]; People v Cleveland, 139 A.D.3d 1270, 1271 [2016]). The Legislature has designated the County Clerk as "clerk of the county court within his [or her] county" (County Law §......
  • People v. Porter, 525325
    • United States
    • New York Supreme Court Appellate Division
    • December 5, 2019
    ...161 A.D.3d 1492, 1493, 78 N.Y.S.3d 736 [2018] ; People v. Horton, 142 A.D.3d 1256, 1257, 37 N.Y.S.3d 923 [2016] ; People v. Cleveland, 139 A.D.3d 1270, 1271, 31 N.Y.S.3d 678 [2016] ). Lynch, Mulvey and Devine, JJ., concur.ORDERED that the appeal is dismissed, without...
  • Request a trial to view additional results
12 cases
  • People v. Lane, 531040
    • United States
    • New York Supreme Court Appellate Division
    • December 23, 2021
    ...193 A.D.3d 1193, 1194, 144 N.Y.S.3d 262 [2021] ; People v. Cann, 152 A.D.3d 828, 829, 58 N.Y.S.3d 697 [2017] ; People v. Cleveland, 139 A.D.3d 1270, 1271, 31 N.Y.S.3d 678 [2016] ). The Legislature has designated the County Clerk as "clerk of the county court within his [or her] county&......
  • People v. Lane, 2021-07324
    • United States
    • United States State Supreme Court (New York)
    • December 23, 2021
    ...see CPLR 5016 [a]; People v Wassilie, 193 A.D.3d 1193, 1194 [2021]; People v Cann, 152 A.D.3d 828, 829 [2017]; People v Cleveland, 139 A.D.3d 1270, 1271 [2016]). The Legislature has designated the County Clerk as "clerk of the county court within his [or her] county" (County Law §......
  • People v. Lane, 531040
    • United States
    • United States State Supreme Court (New York)
    • December 23, 2021
    ...see CPLR 5016 [a]; People v Wassilie, 193 A.D.3d 1193, 1194 [2021]; People v Cann, 152 A.D.3d 828, 829 [2017]; People v Cleveland, 139 A.D.3d 1270, 1271 [2016]). The Legislature has designated the County Clerk as "clerk of the county court within his [or her] county" (County Law §......
  • People v. Porter, 525325
    • United States
    • New York Supreme Court Appellate Division
    • December 5, 2019
    ...161 A.D.3d 1492, 1493, 78 N.Y.S.3d 736 [2018] ; People v. Horton, 142 A.D.3d 1256, 1257, 37 N.Y.S.3d 923 [2016] ; People v. Cleveland, 139 A.D.3d 1270, 1271, 31 N.Y.S.3d 678 [2016] ). Lynch, Mulvey and Devine, JJ., concur.ORDERED that the appeal is dismissed, without...
  • Request a trial to view additional results

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