People v. Fuller

Full title: The PEOPLE of the State of New York, Respondent, v. Kevin G. FULLER…

Court: Supreme Court, Appellate Division, Third Department, New York.

Date published: Apr 28, 2016

138 A.D.3d 1358 (N.Y. App. Div. 2016)

138 A.D.3d 1358

2016 N.Y. Slip Op. 3223

Opinion

04-28-2016

The PEOPLE of the State of New York, Respondent, v. Kevin G. FULLER, Appellant.

Jay L. Wilber, Public Defender, Binghamton (Nathan E. Schwartzman of counsel), for appellant. Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.

McCARTHY, J.P.

Jay L. Wilber, Public Defender, Binghamton (Nathan E. Schwartzman of counsel), for appellant.Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.

Before: , GARRY, LYNCH, DEVINE and CLARK, JJ.

McCARTHY, J.P.

Appeal from an order of the County Court of Broome County (Smith, J.), dated July 31, 2014, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

In 1989, defendant was convicted of, among other things, three counts of rape in the first degree, two counts of sodomy in the first degree and two counts of sexual abuse in the first degree and was sentenced to an aggregate prison term of 25 to 50 years (People v. Fuller, 185 A.D.2d 446, 586 N.Y.S.2d 366 [1992], lv. denied 80 N.Y.2d 974, 591 N.Y.S.2d 144, 605 N.E.2d 880 [1992] ). In anticipation of his release on parole, a risk assessment instrument was prepared, in accordance with the Sex Offender Registration Act (see Correction Law art. 6–C), that presumptively classified defendant as a risk level III sex offender. Following a hearing, County Court rejected defendant's challenges to certain point assessments and adjudicated him a risk level III sex offender. This appeal ensued.

The order that defendant seeks to have reviewed by this Court was "not ... entered and filed in the office of the clerk of the court and, therefore, the appeal from that order must be dismissed because it is not properly before us at this time" (People v. Laurange, 97 A.D.3d 995, 996, 948 N.Y.S.2d 567 [2012] [internal quotation marks and citation omitted]; see People v. Goodwin, 131 A.D.3d 1284, 1285, 15 N.Y.S.3d 896 [2015] ).

ORDERED that the appeal is dismissed, without costs.

GARRY, LYNCH, DEVINE and CLARK, JJ., concur.