People v. Leopold, 13 N.Y.3d 923

OPINION OF THE COURT

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 NY3d 797, 798 [2008]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

Case Details

Case Name: People v. Leopold

Court Name: New York Court of Appeals

Date Published: Jan 14, 2010

Citations: 13 N.Y.3d 923; 922 N.E.2d 890; 895 N.Y.S.2d 302; 2010 NY Slip Op 212; 58 SSM 61

Docket Number: 58 SSM 61

Court Abbreviation: N.Y.