PEOPLE v. GAINEY

878 KA 14-00797

130 A.D.3d 1504 (2015)

11 N.Y.S.3d 500

2015 NY Slip Op 05853

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS L. GAINEY, Appellant.

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

Decided July 2, 2015.


It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Monroe County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order determining that he is a level one risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). At the SORA hearing, defendant asserted that County Court (DeMarco, J.) lacked jurisdiction to proceed with the hearing...

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