PEOPLE v. HOLLAND (2024)

MEMORANDUM AND ORDER

Appeal from a decision of the County Court of Clinton County (Keith M. Bruno, J.), entered June 17, 2021, which classified defendant as a risk level three sex offender pursuant to the Sex Offender Registration Act.

In 2009, in full satisfaction of a multicount indictment, defendant pleaded guilty to rape in the first degree and was sentenced to a prison term of 15 years, to be followed by five years of postrelease supervision.  In anticipation of defendant's release, the Board of Examiners of Sex Offenders prepared a risk assessment instrument that presumptively classified defendant as a risk level three sex offender (110 points) pursuant to the Sex Offender Registration Act (see Correction Law art 6–C).  Following a hearing, County Court classified defendant as a risk level three sex offender with a sexually violent offender designation.  This appeal ensued.

“County Court is statutorily required to ‘render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based’ ” (People v. West, 193 A.D.3d 1127, 1128, 145 N.Y.S.3d 669 [2021] [citations omitted], quoting Correction Law § 168–n [3];  accord People v. Lane, 202 A.D.3d 32, 35, 158 N.Y.S.3d 426 [3d Dept. 2021]).  Although County Court indeed issued a written decision setting forth its findings of fact and conclusions of law, “the decision contains no language indicating that it is an order or judgment, and it does not appear that a written order was entered and filed” (People v. Porter, 178 A.D.3d 1159, 1160, 115 N.Y.S.3d 495 [3d Dept. 2019];  see People v. Wassilie, 193 A.D.3d 1193, 1194, 144 N.Y.S.3d 262 [3d Dept. 2021]).  Similarly, the final risk level determination signed by County Court “does not contain [any] ‘so ordered’ language so as to constitute an appealable order” (People v. Johnson, 179 A.D.3d 1159, 1160, 113 N.Y.S.3d 618 [3d Dept. 2020];  see People v. Wassilie, 193 A.D.3d at 1194, 144 N.Y.S.3d 262).  Absent an order from County Court, the appeal is not properly before us and must be dismissed (see People v. Wassilie, 193 A.D.3d at 1194, 144 N.Y.S.3d 262;  People v. Johnson, 179 A.D.3d at 1160, 113 N.Y.S.3d 618).

ORDERED that the appeal is dismissed, without costs.

Ceresia, J.

Aarons, J.P., Lynch, McShan and Mackey, JJ., concur.