THE PEOPLE OF THE STATE OF NEW YORK, Respondent v TERRANCE HEAD, Appellant.

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Calendar Date: June 1, 2018Before: McCarthy, J.P., Lynch, Devine, Clark and Rumsey, JJ.__________Paul R. Corradini, Elmira, for appellant.Weeden A. Wetmore, District Attorney, Elmira (Mary TheresaNorthrup of counsel), for respondent.__________Rumsey, J.Appeal from a decision of the County Court of ChemungCounty (Hayden, J.), dated May 8, 2015, which classifieddefendant as a risk level two sex offender pursuant to the SexOffender Registration Act.Defendant pleaded guilty to rape in the third degree andwas sentenced to 1½ years in prison followed by three years ofpostrelease supervision. In anticipation of defendant’s releasefrom prison, a risk assessment instrument was submitted by thePeople that presumptively classified him as a risk level two sexoffender in accordance with the Sex Offender Registration Act(see Correction Law art 6-C). Following a hearing, County Courtrejected defendant’s challenge to certain assessed points andadjudicated him a risk level two sex offender. Defendantappeals.County Court is required to “render an order setting forthits determinations and findings of fact and conclusions of law onwhich the determinations are based” (Correction Law § 168-n [3]),and that order must be “entered and filed in the office of theclerk of the court where the action is triable” (CPLR 2220 [a];see People v Cann, 152 AD3d 828, 829 [2017]; People v Horton, 142AD3d 1256, 1257 [2016]). Here, the record does not reflect thata written order was ever issued or entered and filed, and therisk assessment instrument does not contain “so ordered” languageso as to constitute an appealable order (see People v Cann, 152AD3d at 829; People v Horton, 142 AD3d at 1257; see also CPLR5512 [a]). As such, this appeal is not properly before thisCourt and dismissal is required (see CPLR 5513, 5515 [1]; Peoplev Cleveland, 139 AD3d 1270, 1271 [2016]).McCarthy, J.P., Lynch, Devine and Clark, JJ., concur.ORDERED that the appeal is dismissed, without costs.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent v TERRANCE HEAD, Appellant.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent v TERRANCE HEAD, Appellant.

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