People v. Cleveland, 519584.

• Court: New York Supreme Court Appellate Division
• Writing for the Court: CLARK, J.
• Citation: 2016 N.Y. Slip Op. 03924,139 A.D.3d 1270,31 N.Y.S.3d 678
• Parties: The PEOPLE of the State of New York, Respondent, v. Edward CLEVELAND, Appellant.
• Decision Date: 19 May 2016
• Docket Number: 519584.

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

139 A.D.3d 1271

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

31 N.Y.S.3d 679

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...