Appellate Division, Fourth Department
People v. Long
Appealed from Supreme Court, Erie County
Background: The defendant challenged his Level 2 risk adjudication under the Sex Offender Registration Act, based upon the use of a previous youthful offender adjudication and the terms of the classification order.
Ruling: The decision was reserved and case returned to supreme court. For purposes of criminal history, a youthful offender adjudication may be used. The judge is required to set forth findings of fact and conclusions of law. The language in the order, stating that it had reviewed the documents and accepted the findings in them, without further explanation was insufficient to comply with the statute.
Timothy E. Murphy for the defendant; Shawn P. Hennessy for Erie County District Attorney’s Office