People v. Porter
| Decision Date | 05 December 2019 |
| Docket Number | 525325 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Trevor PORTER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
178 A.D.3d 1159
115 N.Y.S.3d 495
The PEOPLE of the State of New York, Respondent,
v.
Trevor PORTER, Appellant.
525325
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: October 7, 2019
Decided and Entered: December 5, 2019
John R. Trice, Elmira, for appellant.
Matthew Van Houten, District Attorney, Ithaca (Andrew J. Bonavia of counsel), for respondent.
Before: Garry, P.J., Lynch, Mulvey and Devine, JJ.
MEMORANDUM AND ORDER
Garry, P.J.
Appeal from a decision of the County Court of Tompkins County (Rowley, J.), entered May 25, 2017, which classified defendant as a risk level three sex offender pursuant to the Sex Offender Registration Act.
Defendant was convicted after a guilty verdict of criminal sexual act in the first degree and criminal sexual act in the third degree stemming from a 2007 incident involving a 15–year–old victim and was sentenced to a 10–year prison term followed by a period of postrelease supervision. In anticipation of defendant's release from prison, a risk assessment instrument was submitted by the Board of Examiners of Sex Offenders that presumptively classified defendant as a risk level three sex offender. Following a hearing, County Court rejected defendant's challenge to certain assessed points, adjudicated him as a risk level three sex offender and designated him as a sexually violent offender. Defendant appeals.
An appealable order must be in writing (see CPLR 2219[a] ; People v. Elmer, 19 N.Y.3d 501, 507–508 n 2, 950 N.Y.S.2d 77, 973 N.E.2d 172 [2012] ), and must contain language that identifies the document as "either a judgment or order of the court" ( Matter of Graziano v. County of Albany, 12 A.D.3d 819, 820, 783 N.Y.S.2d 893 [2004] ; see People v. Kemp, 130 A.D.3d 1132, 1132–1133, 12 N.Y.S.3d 394 [2015] ). Consistent with these mandates, the Sex Offender...
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People v. Lane
...v. West, 193 A.D.3d 1127, 1128, 145 N.Y.S.3d 669 [2021], quoting Correction Law § 168–n [3] [citations omitted]; see People v. Porter, 178 A.D.3d 1159, 1160, 115 N.Y.S.3d 495 [2019] ; People v. Scott, 157 A.D.3d 1070, 1071, 68 N.Y.S.3d 594 [2018] ). "The resulting order must be in writing a......
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People v. Lane
...are based'" (People v West, 193 A.D.3d 1127, 1128 [2021], quoting Correction Law § 168-n [3] [citations omitted]; see People v Porter, 178 A.D.3d 1159, 1160 [2019]; People v Scott, 157 A.D.3d 1070, 1071 [2018]). "The resulting order must be in writing and, further, must be 'entered and file......
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People v. Lane
... ... forth its determination and the findings of fact and ... conclusions of law on which the [SORA] determinations are ... based'" (People v West, 193 A.D.3d 1127, ... 1128 [2021], quoting Correction Law § 168-n [3] ... [citations omitted]; see People v Porter, 178 A.D.3d ... 1159, 1160 [2019]; People v Scott, 157 A.D.3d 1070, ... 1071 [2018]). "The resulting order must be in writing ... and, further, must be 'entered and filed in the office of ... the clerk of the court where the action is triable'" ... (People v Scott, 157 ... ...
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People v. Porter
...subsequent appeal therefrom, finding, among other things, that County Court's written decision did not constitute an appealable paper ( 178 A.D.3d 1159, 115 N.Y.S.3d 495 [2019] ). Thereafter, by order entered February 6, 2020, County Court again classified defendant as a risk level three se......