Opinion
570267/08.
Decided February 17, 2010.
Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Robert Mandelbaum, J.), dated March 20, 2008, adjudicating him a risk level three and predicate sex offender pursuant to the Sex Offender Registration Act (SORA).
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
Order (Robert Mandelbaum, J.), dated March 20, 2008, reversed, and matter remanded for a new risk level assessment hearing and determination.
As the People correctly concede, the record does not establish that defendant affirmatively waived his right to be present at the SORA hearing ( see Correction Law § 168-n). Accordingly, we remand for a new hearing and determination.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.