People v. Leopold
| Decision Date | 14 January 2010 |
| Docket Number | No. 58 SSM 61,58 SSM 61 |
| Citation | 895 N.Y.S.2d 302,13 N.Y.3d 923,922 N.E.2d 890,2010 NY Slip Op 212 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Leonard A. LEOPOLD, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
v.
Leonard A. LEOPOLD, Appellant.
Legal Aid Bureau of Buffalo, Inc., Buffalo (Vincent F. Gugino and David C. Schopp of counsel), for appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers and Donna A. Milling of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be reversed, with costs, and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.
Correction Law § 168-n (3) requires the court fixing a sex-offender's risk level determination to "render an order setting forth ... the findings of fact and conclusions of law on which the determinations are based." Here, neither the Supreme Court nor the Appellate Division order set forth the findings of fact and conclusions of law justifying the risk level determination. We therefore remit this case to Supreme Court to specify its findings of fact and conclusions of law (see People v. Smith, 11 N.Y.3d 797, 798, 868 N.Y.S.2d 569, 897 N.E.2d 1050 [2008]).
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.
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