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People v. TerrillPeople v. Terrill

Appellate Division of the Supreme Court of the State of New York
Apr 29, 2005
Versions:17 A.D.3d 1045
793 N.Y.S.2d 782
2005 N.Y. App. Div. LEXIS 4572

It is hereby ordered that the case is held, the decision is reserved, and the matter is remitted to Onondaga County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). We agree with defendant that County Court failed to set forth the findings of fact and conclusions of law on which its determination was based (see § 168-n [3]). Absent those findings and conclusions, we are unable to review whether the court properly determined defendant‘s risk level. We therefore hold the case, reserve decision and remit the matter to Onondaga County Court for compliance with the statute (see People v Hoppe, 1 AD3d 712, 713 [2003]).

Case Details

Case Name: People v. Terrill
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 29, 2005
Citations: 17 A.D.3d 1045; 793 N.Y.S.2d 782; 2005 N.Y. App. Div. LEXIS 4572
Court Abbreviation: N.Y. App. Div.
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