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People v. Kraeger

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 2006
27 A.D.3d 1160 (N.Y. App. Div. 2006)

Opinion

KA 04-03058.

March 17, 2006.

Appeal from an order of the Jefferson County Court (Kim H. Martusewicz, J.), entered December 16, 2004. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

JANE G. LA ROCK, WATERTOWN, FOR DEFENDANT-APPELLANT.

CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN (PETER S. BLODGETT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Before: Pigott, Jr., P.J., Scudder, Gorski, Martoche and Green, JJ.


It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Jefferson County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). In making its determination, County Court was required to "render an order setting forth its determination and the findings of fact and conclusions of law on which the determination [is] based" (§ 168-n [3]). We agree with defendant that the court failed to do so. "Absent those findings and conclusions, we are unable to review whether the court properly determined defendant's risk level" ( People v. Terrill, 17 AD3d 1045, 1046). We therefore hold the case, reserve decision and remit the matter to County Court for compliance with the statute ( see id.).


Summaries of

People v. Kraeger

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 2006
27 A.D.3d 1160 (N.Y. App. Div. 2006)
Case details for

People v. Kraeger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES A. KRAEGER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 17, 2006

Citations

27 A.D.3d 1160 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2025
810 N.Y.S.2d 721

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