PEOPLE v. RODRIGUEZ

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

PEOPLE v. Oscar RODRIGUEZ.

Decided: June 26, 1997

Before MURPHY, P.J., and SULLIVAN, MILONAS, ROSENBERGER and ELLERIN, JJ.

Upon the Court's own motion, this Court's order entered on April 3, 1997 (M-150) granting poor person relief and assigning counsel to prosecute defendant-appellant's appeal is sua sponte recalled and vacated, and sua sponte, the appeal is dismissed.

No avenue exists to appeal a judicial determination of a sex offender's risk assessment under New York's Sex Offender Registration Act (Correction Law § 168 et seq.-“Megan's Law”).   In the absence of such a legislative provision this Court has no jurisdiction.   Although we recognize that the lack of provision for appellate review may raise constitutional questions as to this portion of the statute, that issue is not before us.

MEMORANDUM DECISION.