People v. Scott

*492Initially, we decline to dismiss this appeal on the ground that defendant has been deported (see People v Ventura, 17 NY3d 675, 679-680 [2011]). Although this is a civil appeal, we recognize the potential consequences of the SORA adjudication and conclude that defendant should be given an opportunity for intermediate appellate review of the issues presented here.

The People failed to present clear and convincing evidence that defendant had a history of alcohol abuse or was abusing alcohol at the time of the sex offense (see People v Palmer, 20 NY3d 373 [2013]). Therefore, the court incorrectly…