People v Fuller

People v Fuller 2016 NY Slip Op 03223 Decided on April 28, 2016 Appellate Division, Third Department 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.

Decided and Entered: April 28, 2016
519792

[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

KEVIN G. FULLER, Appellant.

Calendar Date: March 25, 2016
Before: McCarthy, J.P., Garry, Lynch, Devine and Clark, JJ.

Jay L. Wilber, Public Defender, Binghamton (Nathan E. Schwartzman of counsel), for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.

McCarthy, J.P.

MEMORANDUM AND ORDER

Appeal from an order of the County Court of Broome County (Smith, J.), dated July 31, 2014, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

In 1989, defendant was convicted of, among other things, three counts of rape in the first degree, two counts of sodomy in the first degree and two counts of sexual abuse in the first degree and was sentenced to an aggregate prison term of 25 to 50 years (People v Fuller, 185 AD2d 446 [1992], lv denied 80 NY2d 974 [1992]). In anticipation of his release on parole, a risk assessment instrument was prepared, in accordance with the Sex Offender Registration Act (see Correction Law art 6-C), that

presumptively classified defendant as a risk level III sex offender. Following a hearing, County Court rejected defendant's challenges to certain point assessments and adjudicated him a risk level III sex offender. This appeal ensued.

The order that defendant seeks to have reviewed by this Court was "not . . . entered and filed in the office of the clerk of the court and, therefore, the appeal from that order must be dismissed because it is not properly before us at this time" (People v Laurange, 97 AD3d 995, 996 [2012] [internal quotation marks and citation omitted]; see People v Goodwin, 131 AD3d 1284, 1285 [2015]).

Garry, Lynch, Devine and Clark, JJ., concur.

ORDERED that the appeal is dismissed, without costs.