People v. Cruz

Appeal by the defendant from an order of the Supreme Court, Kings County (Marrero, J.), dated February 3, 2005, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

The defendant was convicted on July 29, 1982 of attempted rape in the first degree, a class C felony sex offense under Penal Law §§ 110.00, 110.05 (4), and § 130.35.…