People v Santos, 2024 NY Slip Op 06462 [233 AD3d 1486]

December 20, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Joel F. Santos, Appellant.

D.J. & J.A. Cirando, PLLC, Syracuse (John A. Cirando of counsel), for defendant-appellant.

Kristyna S. Mills, District Attorney, Watertown (Morgan R. Mayer of counsel), for respondent.

Appeal from a decision of the Jefferson County Court (David A. Renzi, J.), rendered January 4, 2023. The decision determined that defendant is a level two risk pursuant to the Sex Offender Registration Act.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Defendant purports to appeal from a bench decision of County Court adjudicating him to be a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq .). The court did not issue a written decision, order, or judgment. Because no appeal lies from a mere decision ( see Gunn v Palmieri , 86 NY2d 830, 830 [1995]; Kuhn v Kuhn , 129 AD2d 967, 967 [4th Dept 1987]), we must dismiss the appeal. We also note that the court, in its oral decision, did not set forth its findings of fact and conclusions of law ( see Correction Law § 168-d [3]). Present—Lindley, J.P., Curran, Bannister, Nowak and Hannah, JJ..