| People v Lavelle |
| 2019 NY Slip Op 00937 [169 AD3d 1127] |
| February 7, 2019 |
| 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 Michael Lavelle, Appellant. |
[Vacated, see 172 AD3d 1570.]
G. Scott Walling, Slingerlands, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Mulvey, J. Appeal from a decision of the County Court of Schenectady County (Sypniewski, J.), dated June 6, 2017, which classified defendant as a risk level two sex offender pursuant to the Sex Offender Registration Act.
In 2016, defendant was convicted of attempted disseminating indecent material to minors in the first
degree and was sentenced to 1
Correction Law § 168-n (3) requires County Court, at the conclusion of a SORA hearing, to "render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based." "Such order must be in writing . . . and entered and filed in the office of the clerk of the court where the action is triable" (People v Kemp, 130 AD3d 1132, 1132-1133 [2015] [internal quotation marks and citations omitted]; see People v Scott, 157 AD3d 1070, 1071 [2018]). Here, the notice of appeal states that it is from a "judicial determination of RISK LEVEL II . . . rendered against [defendant] . . . on the 6th day of June, 2017." The record discloses that the determination at issue is a standard final risk level classification form signed by County Court on June 6, 2017 placing defendant in the risk level two category. Significantly, it does not set forth any written findings of fact or conclusions of law and does not include the necessary "so ordered" language (see People v Scott, 157 AD3d at 1071; People v Cann, 152 AD3d 828, 829 [2017]; People v Kemp, 130 AD3d at 1133). Given the absence of an appealable order, the appeal is not properly before this Court and must be dismissed (see CPLR 5513, 5515 [1]; People v Horton, 142 AD3d 1256, 1257 [2016]; People v Kemp, 130 AD3d at 1133).
Garry, P.J., Clark, Aarons and Rumsey, JJ., concur. Ordered that the appeal is dismissed, without costs.