People v. Runko

Appeal by the defendant from an order of the Supreme Court, Suffolk County (Spinner, J.), dated July 12, 2012, which, without a hearing, denied his motion pursuant to Correction Law § 168-o (2) for a downward modification of his risk level classification under Correction Law article 6-C.

*928Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing and, thereafter, a new determination of the defendant’s motion.

By notice of motion dated September 21, 2010, the defendant moved pursuant to Correction…