PEOPLE v. PIETARNIELLO

2006-09955.

2008 NY Slip Op 06141

PEOPLE OF STATE OF NEW YORK, respondent, v. NEIL PIETARNIELLO, appellant.

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

Decided July 1, 2008.


Attorney(s) appearing for the Case

Steven Banks, New York, N.Y. (Denise Fabiano of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Morgan J. Dennehy of counsel), for respondent.

Before: REINALDO E. RIVERA, J.P., PETER B. SKELOS, FRED T. SANTUCCI, JOHN M. LEVENTHAL, JJ.


DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The Supreme Court failed to set forth the findings of fact and conclusions of law upon which its risk assessment determination was made, as required by Correction Law § 168-n(3). However, this Court may make its own findings of fact and conclusions of law where, as here, the record is sufficient to do so (see People v. Forney, 28 A.D.3d 446...

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