People v Wassilie |
2021 NY Slip Op 02196 [193 AD3d 1193] |
April 8, 2021 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Sam Wassilie, Appellant. |
Angela Kelley, Albany, for appellant.
Paul Czajka, District Attorney, Hudson (James A. Carlucci of counsel), for respondent.
Clark, J. Appeal from a decision of the County Court of Columbia County (Koweek, J.), entered April 2, 2018, which classified defendant as a risk level three sex offender pursuant to the Sex Offender Registration Act.
Defendant pleaded guilty in 2015 to 10 counts of unlawful surveillance in the second degree
and was sentenced to a prison term of 2
"It is a statutory requirement that County Court 'render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based' " (People v Johnson, 179 AD3d 1159, 1160 [2020], quoting Correction Law § 168-n [3] [citation omitted]). "That written order must then be 'entered and filed in the office of the clerk of the court where the action is triable' " (People v Porter, 178 AD3d 1159, 1160 [2019], quoting CPLR 2220 [a] [citation omitted]; see People v Johnson, 179 AD3d at 1160). At the risk assessment hearing, County Court directed that the hearing "be transcribed with a so[-]ordered provision on the bottom as constituting [its] findings of fact and conclusions of law." However, the hearing transcript ultimately did not include any such so-ordered provision. The record does not otherwise reflect that a written order was issued or entered and filed. The filed risk assessment instrument does not contain "so ordered" language so as to constitute an appealable order. Absent an order from County Court, this appeal is not properly before us and dismissal is required (see People v Johnson, 179 AD3d at 1160; People v Porter, 178 AD3d at 1160; People v Head, 163 AD3d 1296, 1297 [2018]; see also CPLR 5513, 5515 [1]).
Garry, P.J., Lynch, Pritzker and Colangelo, JJ., concur. Ordered that the appeal is dismissed, without costs.