People v. Laurange

• Citation: 97 A.D.3d 995,2012 N.Y. Slip Op. 05682,948 N.Y.S.2d 567
• Parties: The PEOPLE of the State of New York, Respondent, v. John P. LAURANGE, Appellant.
• Decision Date: 19 July 2012
• Court: New York Supreme Court Appellate Division

97 A.D.3d 995

948 N.Y.S.2d 567

2012 N.Y. Slip Op. 05682

The PEOPLE of the State of New York, Respondent,

v.John P. LAURANGE, Appellant.

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

July 19, 2012.

Greg D. Lubow, Tannersville, for appellant.

Paul Czajka, District Attorney, Hudson (H. Neal Conolly of counsel), for respondent.

Before: MERCURE, J.P., ROSE, KAVANAGH, McCARTHY and EGAN JR., JJ.

KAVANAGH, J.

Appeal from an order of the County Court of Columbia County (Czajka, J.), dated December 1, 2010, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

In 2008, defendant pleaded guilty to, among other things, criminal sexual act in the third degree and rape in the third degree and was sentenced to an aggregate prison term of four years. In anticipation of his release from prison, the Board of Examiners of Sex Offenders prepared a risk assessment instrument in accordance with the Sex Offender Registration Act ( see Correction Law art 6–C) in which defendant was presumptively classified as a risk level III sex offender. At a subsequent appearance before County Court with counsel, defendant was adjudicated a risk level III sex offender. Defendant now appeals.

The order that defendant seeks to review has not been “entered and filed in the office of the clerk of the court” (CPLR 2220[a] ) and, therefore, the appeal from that order must be dismissed because it is not properly before us at this time ( seeCPLR 5513, 5515[1]; Abele Tractor & Equip. Co., Inc. v. RJ Valente, Inc., 79 A.D.3d 1331, 1332, 915 N.Y.S.2d 178 [2010] ). In that regard, defendant's counsel advised this Court that the Columbia County Clerk's office has refused to enter the order because more than one year has passed since it was signed. No time limit exists in the CPLR for having such an order entered by the County Clerk's Office ( seeCPLR 2220[a]; Connors, Practice Commentaries, McKinney's Cons Laws of N.Y., Book 7B, CPLR C2220:1, at 241).

ORDERED that the appeal is dismissed, without costs.

MERCURE, J.P., ROSE, McCARTHY and EGAN JR., JJ., concur.