PEOPLE v. CASH

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.