Opinion
3 KA 20-00289
02-05-2021
The PEOPLE of the State of New York, Respondent, v. Nicholas B. MAHAR, Defendant-Appellant.
ANDREW D. CORREIA, PUBLIC DEFENDER, ROCHESTER (BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.
ANDREW D. CORREIA, PUBLIC DEFENDER, ROCHESTER (BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.
PRESENT: WHALEN, P.J., SMITH, CENTRA, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Wayne 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. ) after a conviction of sexual abuse in the first degree ( Penal Law § 130.65 [3] ). We agree with defendant to the extent that he contends that County Court made only general and conclusory findings of fact and conclusions of law. We are thus unable to conduct a meaningful review of the court's risk level assessment, particularly with respect to the court's assessment of points for risk factors 3, 4, and 12 (see People v. Leopold , 13 N.Y.3d 923, 924, 895 N.Y.S.2d 302, 922 N.E.2d 890 [2010] ; People v. Dean , 169 A.D.3d 1414, 1415, 91 N.Y.S.3d 651 [4th Dept. 2019] ; People v. Cameron , 87 A.D.3d 1366, 1366-1367, 929 N.Y.S.2d 904 [4th Dept. 2011] ). We therefore hold the case, reserve decision, and remit the matter to County Court to prepare statutorily compliant findings of fact and conclusions of law (see Correction Law §§ 168-d [3] ; 168-n [3]).