Appeal from an order of the City Court of Yonkers, Westchester County (Charles D. Wood, J.), dated January 23, 2007. The order, after a hearing, designated defendant a level two sex offender pursuant to Correction Law article 6-C.

Order reversed without costs and matter remanded to the court below for further proceedings in accordance with the decision herein.

Defendant appeals from an order determining that he is a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C). On the record before us, we are unable to review whether the court below properly determined defendant's risk level because the court failed to set forth its "findings of fact and conclusions of law" upon which it based its determination to designate defendant a level two sex offender (Correction Law § 168-n [3]; People v Torchia, 39 AD3d 1137, 1138 [2007]; People v Sass, 27 AD3d 968, 969 [2006]), and the record is insufficient for this court to make its own findings of fact and conclusions of law (see People v Villane, 17 AD3d 336 [2005]). Consequently, we remand this matter to the court below for a disposition in compliance with the mandates of the statute (Correction Law art 6-C) and in accordance with this decision.

In view of the foregoing determination, we pass upon no other issue.

Tanenbaum, J.P., Molia and Scheinkman, JJ., concur.
Decision Date: April 21, 2008