People v Bradley (Wilson)

[*1] People v Bradley (Wilson) 2010 NY Slip Op 50226(U) [26 Misc 3d 138(A)] Decided on February 17, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 17, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570267/08.

The People of the State of New York, Respondent,

against

Wilson Bradley, Defendant-Appellant.

Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Robert Mandelbaum, J.), dated March 20, 2008, adjudicating him a risk level three and predicate sex offender pursuant to the Sex Offender Registration Act (SORA).

Per Curiam.

Order (Robert Mandelbaum, J.), dated March 20, 2008, reversed, and matter remanded for a new risk level assessment hearing and determination.

As the People correctly concede, the record does not establish that defendant affirmatively waived his right to be present at the SORA hearing (see Correction Law § 168-n[3]). Accordingly, we remand for a new hearing and determination.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 17, 2010