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APPEAL OF SORA RISK ASSESSMENT NOT PROPERLY BEFORE THE APPELLATE DIVISION, COUNTY COURT NEVER ISSUED THE REQUIRED ORDER (THIRD DEPT).

The Third Department determined the appeal of the SORA risk assessment was not properly before it because County Court never issued the required order:

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County Court, in a bench decision, adopted the People’s arguments regarding both the override and the assessment of additional points, denied defendant’s request for a downward departure and classified defendant as a risk level three sex offender. …

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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” … . The resulting order “must be in writing”…  and, further, must be “entered and filed in the office of the clerk of the court where the action is triable”… . The record before this Court does not reflect that County Court issued a written order or that any such order subsequently was entered and filed. Although County Court indicated that its bench decision would “serve[] as the order of the [c]ourt,” a bench decision is neither a substitute for the required written order nor an appealable paper … . Notably, neither the transcript of the court’s bench decision nor the standard form designating defendant’s risk level classification, the latter of which County Court signed and dated, contains the “so ordered” language required “so as to constitute an appealable order” … . Absent evidence of the required written order, this appeal is not properly before us and must be dismissed … . People v Scott, 2018 NY Slip Op 00203, Third Dept 1-11-18

CRIMINAL LAW (SEX OFFENDER REGISTRATION ACT (SORA), APPEAL OF SORA RISK ASSESSMENT NOT PROPERLY BEFORE THE APPELLATE DIVISION, COUNTY COURT NEVER ISSUED THE REQUIRED ORDER (THIRD DEPT))/SEX OFFENDER REGISTRATION ACT (SORA) (APPEAL OF SORA RISK ASSESSMENT NOT PROPERLY BEFORE THE APPELLATE DIVISION, COUNTY COURT NEVER ISSUED THE REQUIRED ORDER (THIRD DEPT))/APPEALS (CRIMINAL LAW, SEX OFFENDER REGISTRATION ACT (SORA), APPEAL OF SORA RISK ASSESSMENT NOT PROPERLY BEFORE THE APPELLATE DIVISION, COUNTY COURT NEVER ISSUED THE REQUIRED ORDER (THIRD DEPT))

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