People v. Hill, 17 A.D.3d 715 (N.Y. App. Div. 3d Dep't 2005). · Go Syfert
People v. Hill, 17 A.D.3d 715 (N.Y. App. Div. 3d Dep't 2005). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 2 distinct courts.
Cited for
At page 716 peared represented by counsel, the People objected to the Board’s classification, alleging that defendant’s risk level should be raised to level III based upon…10 citing casesopening of page *716 (no citing court says what it cites this page for)
  • People v. Kennedy, 79 A.D.3d 1470 (N.Y. App. Div. 3d Dep't 2010).published
    People v Roberts, 54 AD3d 1106, 1106-1107 [2008], lv denied 11 NY3d 713 [2008]; People v Joslyn, 27 AD3d 1033, 1035 [2006]), County Court here made no oral or written findings, thereby precluding meaningful appellate review of defendant’s…
  • People v. Judson, 50 A.D.3d 1242 (N.Y. App. Div. 3d Dep't 2008).published
    Although the People contend that the case summary supports assigning points to this risk factor, the case summary alone is not sufficient to satisfy the People’s burden of proving the risk level assessment by clear and convincing evidence…
  • People v. Mingo, 49 A.D.3d 148 (N.Y. App. Div. 2d Dep't 2008).published
    Where, by contrast, there is no admissible evidence to support the People’s contentions, the People’s burden has not been met (see People v Cruz, 28 AD3d 819, 820 [2006]; People v Brown, 25 AD3d 924 [2006]; People v Hill, 17 AD3d 715, 716…
  • People v. Cruz, 28 A.D.3d 819 (N.Y. App. Div. 3d Dep't 2006).published
    Such a determination must be supported by the prosecution’s presentation of clear and convincing evidence (see Correction Law § 168-n [3]; People v Dort, 18 AD3d 23, 24 [2005], lv denied 4 NY3d 885 [2005]), a standard of proof that may be…
  • People v. Joslyn, 27 A.D.3d 1033 (N.Y. App. Div. 3d Dep't 2006).published
    This may be satisfied by reliable hearsay such as the case summary where, as here, defendant did not dispute its contents (see People v Dickison, 24 AD3d 980, 981 [2005], lv denied 6 NY3d 709 [2006]; People v Ashley, 19 AD3d 882, 883 [2005…
  • People v. Sass, 27 A.D.3d 968 (N.Y. App. Div. 3d Dep't 2006).published
    In any event, inasmuch as County Court did not render an order detailing the findings of fact and conclusions of law upon which its determination was based (see Correction Law § 168-n [3]), we are precluded from engaging in the appropriate…
  • People v. Miranda, 24 A.D.3d 909 (N.Y. App. Div. 3d Dep't 2005).published
    The only explanation offered by the court for the upward departure was that it was “warranted based upon defendant’s criminal history, his disregard for authority, and the recency argument contained in the Board’s case summary.” In our vie…
  • People v. Sanchez, 20 A.D.3d 693 (N.Y. App. Div. 3d Dep't 2005).published
    In any event, since County Court did not “render an order setting forth its determinations and the findings of fact and conclusions of law on which the determination[ ] [is] based” (Correction Law § 168-n [3]), appropriate appellate review…
  • People v. Arotin, 19 A.D.3d 845 (N.Y. App. Div. 3d Dep't 2005).published
    The court is not bound by the Board’s recommendation and retains discretion in determining an appropriate level (see Matter of Vandover v Czajka, 276 AD2d 945, 946 [2000] ), so long as that level is supported by adequate evidence (compare…
  • People v. Marr, 20 A.D.3d 692 (N.Y. App. Div. 3d Dep't 2005).published
    In making its determination, County Court was required to “render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based” (Correction Law § 168-n [3]; see People v Hi…
The People of the State of New York
v.
Peter Hill
Appellate Division of the Supreme Court of the State of New York.
Apr 7, 2005.
Published opinion
17 A.D.3d 715
2005 N.Y. App. Div. LEXIS 3624
Lahtinen.
Cited by 11 opinions  |  Published
Lahtinen, J.

Appeal from an order of the County Court of St. Lawrence County (Nicandri, J.), entered June 7, 2004, which classified defendant as a risk level III sex offender and a sexually violent offender pursuant to the Sex Offender Registration Act.

Defendant was convicted after a trial of several charges stemming from his sexual contact with a minor child. In anticipation of defendant’s release from prison, the Board of Examiners of Sex Offenders prepared a risk assessment instrument pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), classifying him as a risk level II violent sex offender. During the initial hearing on May 3, 2004 at which defendant ap[*716] peared represented by counsel, the People objected to the Board’s classification, alleging that defendant’s risk level should be raised to level III based upon information that he had abused at least two other victims. Over defense counsel’s objection, County Court adjourned the matter to allow the People to seek reconsideration by the Board.

During a second hearing before County Court on May 17, 2004, the People again objected to the Board’s classification, this time alleging that defendant’s risk level should be raised to level III in light of the victim’s statement that defendant began abusing her when she was four years old. Over objection by defense counsel, County Court again adjourned the matter. On May 25, 2004, the Board issued a second recommendation classifying defendant as a risk level III violent sex offender on the basis that the victim was less than 11 years old when the sexual contact occurred. At the ensuing proceeding on June 7, 2004, County Court adopted the Board’s recommendation and classified defendant as a risk level III sex offender and a sexually violent offender, prompting this appeal.

Apparently, County Court relied on the Board’s second case summary for the clear and convincing evidence necessary to support its level III sex offender classification. Where the accuracy of the factual assertions set forth in the case summary are conceded by defendant, we have held, in the appropriate case, that evidence to be sufficient to support the classification (see People v Dorato, 291 AD2d 580, 581 [2002]; People v Scott, 288 AD2d 763, 765 [2001]). Here, however, defendant disputed the central allegation that his sexual abuse of the victim began when she was four years old. The victim’s March 1993 written statement, the apparent basis for raising defendant’s risk level to level III, was never offered at the June 7, 2004 proceeding and was not otherwise included in the record on appeal.

In any event, we must reverse and remit to County Court. Correction Law § 168-n (3) requires County Court to “render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based.” County Court’s failure to comply with the statute’s mandate precludes appropriate appellate review (see People v Sturdivant, 307 AD2d 382, 382-383 [2003]; People v Lee, 292 AD2d 639, 640 [2002]). We need not and do not reach any other issue raised by defendant.

Mercure, J.P., Crew III, Mugglin and Kane, JJ., concur. Ordered that the order is reversed, on the law, without costs, and matter remitted to the County Court of St. Lawrence County for further proceedings not inconsistent with this Court’s decision.