| People v Head |
| 2018 NY Slip Op 05379 [163 AD3d 1296] |
| July 19, 2018 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Terrance Head, Appellant. |
Paul R. Corradini, Elmira, for appellant.
Weeden A. Wetmore, District Attorney, Elmira (Mary Theresa Northrup of counsel), for respondent.
Rumsey, J. Appeal from a decision of the County Court of Chemung County (Hayden, J.), dated May 8, 2015, which classified defendant as a risk level two sex offender pursuant to the Sex Offender Registration Act.
Defendant pleaded guilty to rape in the third degree and was sentenced to 1
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 that 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 Cann, 152 AD3d 828, 829 [2017]; People v Horton, 142 AD3d 1256, 1257 [2016]). Here, the record does not reflect that a written order was ever issued or entered and filed, and the risk assessment instrument does not contain "so ordered" language so as to constitute an appealable order (see People v Cann, 152 AD3d at 829; People v Horton, 142 AD3d at 1257; see also CPLR 5512 [a]). As such, this appeal is not properly before this Court and dismissal is required (see CPLR 5513, 5515 [1]; People v Cleveland, 139 AD3d 1270, 1271 [2016]).
McCarthy, J.P., Lynch, Devine and Clark, JJ., concur. Ordered that the appeal is dismissed, without costs.