Legal Opinion

People v. Leopold

New York Court of Appeals

Decided January 14, 2010No. 58 SSM 61PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

Correction Law § 168-n (3) requires the court fixing a sex offender’s risk level determination to “render an order setting forth . . . the findings of fact and conclusions of law on which the determinations are based.” Here, neither the Supreme Court nor the Appellate Division order set forth the findings of fact and conclusions of law justifying the risk level determination. We therefore remit this…

2Cases cited1 opinion

  1. People v. SmithNew York Court of Appeals · 2008

3Cited by14 opinions

  1. People v. WyattAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. BowlesAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. VegaAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. KempAppellate Division of the Supreme Court of the State of New York · 2015

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