| People v Lashway |
| 2011 NY Slip Op 08859 [90 AD3d 1178] |
| December 8, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v StevenLashway, Appellant. |
—[*1] Andrew J. Wylie, District Attorney, Plattsburgh (Nicholas J. Evanovich of counsel), forrespondent.
Stein, J. Appeal from an order of the County Court of Clinton County (McGill, J.), enteredAugust 6, 2010, which denied defendant's request for, among other things, modification of hissex offender risk level pursuant to the Sex Offender Registration Act.
In 1990, defendant was convicted of three counts of rape in the second degree and sentencedto 10½ to 21 years in prison as a second felony offender. In 2004, in view of his releasefrom prison, defendant was designated a risk level three sex offender under the Sex OffenderRegistration Act (see Correction Law art 6-C). Defendant thereafter violated parole andwas returned to prison. In June 2010, defendant applied to County Court for a modification of hislevel of notification pursuant to Correction Law § 168-o, and County Courtrequested an updated recommendation from the Board of Examiners of Sex Offenders(see Correction Law § 168-o [3]). Following its receipt of the Board'srecommendation, County Court summarily denied defendant's request. Defendant now appeals.
In view of the People's concession that defendant was entitled to a hearing on the merits ofhis application and to be represented by counsel thereat, we remit this matter to County Court forfurther proceedings pursuant to Correction Law § 168-o.
Spain, J.P., Rose, Malone Jr. and Egan Jr., JJ., concur. Ordered that the order is reversed,without costs, and matter remitted to the County Court of Clinton County for further proceedingsnot inconsistent with this Court's decision.