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People v. Davis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 31, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DONALD L. DAVIS, JR., DEFENDANT-APPELLANT.

Appeal from an order of the Cattaraugus County Court (Larry M. Himelein, J.), entered October 5, 2007. The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, PERADOTTO, AND GREEN, JJ.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Cattaraugus County Court for further proceedings in accordance with the following:

Memorandum

Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). The People do not address the merits of defendant's appeal but correctly concede that a new hearing and determination of defendant's risk level is warranted (see People v Black, 33 AD3d 981; People v Willette, 30 AD3d 849). We therefore reverse the order and remit the matter to County Court for a new hearing and risk level determination (see Black, 33 AD3d 981).

20081231

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