People v. Moss

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.

Both Supreme Court and the Appellate Division (107 AD3d 1574 [2013]) failed to articulate a proper legal basis for adjudicating the defendant a risk level three sex offender under the Sex Offender Registration Act (Correction Law § 168 et seq.). As conceded by the People, no basis in law exists for Supreme Court’s or the Appellate Division’s conclusion that an automatic override increased…