PEOPLE v. SANTOS (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

The PEOPLE of the State of New York, Respondent, v. Joel F. SANTOS, Defendant-Appellant.

812 Decided: December 20, 2024

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, NOWAK, AND HANNAH, JJ.

D.J. & J.A. CIRANDO, PLLC, SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Defendant purports to appeal from a bench decision of County Court adjudicating him to be a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). The court did not issue a written decision, order, or judgment. Because no appeal lies from a mere decision (see Gunn v Palmieri, 86 NY2d 830, 830 [1995]; Kuhn v Kuhn, 129 AD2d 967, 967 [4th Dept 1987]), we must dismiss the appeal. We also note that the court, in its oral decision, did not set forth its findings of fact and conclusions of law (see Correction Law § 168-d [3]).

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