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PEOPLE v. CULLEN

KA 07-01686.

2008 NY Slip Op 06072

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN CULLEN, DEFENDANT-APPELLANT.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 3, 2008.

Attorney(s) appearing for the Case

CHARLES A. MARANGOLA, MORAVIA, FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHARLES M. THOMAS OF COUNSEL), FOR RESPONDENT.

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Cayuga County Court for further proceedings in accordance with the following Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). We agree with defendant that County Court failed to comply with Correction Law § 168-n (3), pursuant to which the court...

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