People v. Jenkins

Appeal by the defendant from an order of the Supreme Court, Queens County (Margulis, J.), dated December 2, 2015, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a new hearing and a new determination thereafter in accordance herewith.

In 2002, the defendant was convicted in Virginia of attempted rape (see Va Code Ann §§ 18.2-26, 18.2-61). After the defendant relocated to New York, the Board of…