Opinion · Appellate Division of the Supreme Court of the State of New York

People v. Rodriguez

People v. Rodriguez, 240 A.D.2d 351 (Appellate Division of the Supreme Court of the State of New York 1997)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1997-06-26
Topic
labor-and-employment

Upon the Court’s own motion, this Courts unpublished order entered April 3, 1997 (M-1540) granting poor person relief and assigning counsel to prosecute defendant-appellant’s appeal is sua sponte recalled and vacated, and sua sponte, the appeal is dismissed. No avenue exists to appeal a judicial determination of a sex offender’s risk assessment under New York’s Sex Offender Registration Act (Correction Law § 168 et seq. ["Megan’s Law”]). In the absence of such a legislative provision this Court has no jurisdiction. Although we recognize that the lack of provision for appellate review may raise constitutional questions *352as to this portion of the statute, that issue is not before us. Concur—Murphy, P.

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Cited by
5 opinions

Upon the Court’s own motion, this Courts unpublished order entered April 3, 1997 (M-1540) granting poor person relief and assigning counsel to prosecute defendant-appellant’s appeal is sua sponte recalled and vacated, and sua sponte, the appeal is dismissed.

No avenue exists to appeal a judicial determination of a sex offender’s risk assessment under New York’s Sex Offender Registration Act (Correction Law § 168 et seq. ["Megan’s Law”]). In the absence of such a legislative provision this Court has no jurisdiction. Although we recognize that the lack of provision for appellate review may raise constitutional questions *352 as to this portion of the statute, that issue is not before us. Concur—Murphy, P. J., Sullivan, Milonas, Rosenberger and Ellerin, JJ.