State of New York Supreme Court, Appellate Division Third Judicial Department
December 8, 2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
STEVEN LASHWAY, APPELLANT.
Appeal from an order of the County Court of Clinton County (McGill, J.), entered August 6, 2010, which denied defendant's request for, among other things, modification of his sex offender risk level pursuant to the Sex Offender Registration Act.
The opinion of the court was delivered by: Stein, J.
MEMORANDUM AND ORDER
Calendar Date: October 19, 2011
Before: Spain, J.P., Rose, Malone Jr., Stein and Egan Jr., JJ.
In 1990, defendant was convicted of three counts of rape in the second degree and sentenced to 101/2 to 21 years in prison as a second felony offender. In 2004, in view of his release from prison, defendant was designated a risk level III sex offender under the Sex Offender Registration Act (see Correction Law art 6-C). Defendant thereafter violated parole and was returned to prison. In June 2010, defendant applied to County Court for a modification of his level of notification pursuant to Correction Law § 168-o, and County Court requested an updated recommendation from the Board of Examiners of Sex Offenders (see Correction Law § 168-o ). Following its receipt of the Board's recommendation, County Court summarily denied defendant's request. Defendant now appeals.
In view of the People's concession that defendant was entitled to a hearing on the merits of his application and to be represented by counsel thereat, we remit this matter to County Court for further proceedings pursuant to Correction Law § 168-o.
Spain, J.P., Rose, Malone Jr. and Egan Jr., JJ., concur.
ORDERED that the order is reversed, without costs, and matter remitted to the County Court of Clinton County for further proceedings not inconsistent with this Court's decision.
Robert D. Mayberger Clerk of the Court
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