PEOPLE v. MIDDLETON


33 A.D.3d 777 (2006)

822 N.Y.S.2d 453

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUANE MIDDLETON, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 17, 2006.


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

It appears from the transcript that at the defendant's Sex Offender Registration Act hearing, possibly three different risk assessment instruments were proffered to the Supreme Court for its consideration. One was a typewritten instrument prepared by the Board of Examiners...

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