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ORDER ADJUDICATING DEFENDANT A LEVEL TWO SEX OFFENDER WAS DEFECTIVE; MATTER REMITTED (FOURTH DEPT).

The Fourth Department, reversing County Court, determined the order adjudicating defendant a level two sex offender was defective:

County Court failed to comply with Correction Law § 168-n (3), pursuant to which the court was required to set forth the findings of fact and conclusions of law upon which it based its determination. The standardized form order—which the court merely read into the record when rendering its oral decision—indicated without elaboration that the court was entirely adopting the case summary and risk assessment instrument prepared by the Board of Examiners of Sex Offenders, listed the risk factor point assessments contained therein, and denied in conclusory fashion defendant’s request for a downward departure. That was inadequate to fulfill the statutory mandate … . We therefore hold the case, reserve decision, and remit the matter to County Court for compliance with Correction Law § 168-n (3). People v Gatling, 2020 NY Slip Op 06921, Fourth Dept 11-20-20

 

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