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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDIE CASH, Appellant.

Defendant purports to appeal from an order of County Court determining, pursuant to the Sex Offender Registration Act (SORA), that he is a level three sex offender. Except when the issue is raised on appeal from a judgment of conviction, a classification determination pursuant to SORA may not be challenged on appeal (see, People v. Lyday, 241 A.D.2d 950; see also, People v. Freeman, 236 A.D.2d 897; People v. Stevens, 235 A.D.2d 440, lv granted 90 N.Y.2d 864). The proper procedure for challenging a classification determination under SORA is a proceeding pursuant to CPLR article 78. No such proceeding has been commenced in this case.

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PEOPLE v. CASH
(Sep 30, 1997)