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You are here: Home1 / Criminal Law2 / DEFENDANT ENTITLED TO TEN DAYS NOTICE OF SORA JUDGE’S INTENT TO,...
Criminal Law, Judges

DEFENDANT ENTITLED TO TEN DAYS NOTICE OF SORA JUDGE’S INTENT TO, SUA SPONTE, DEPART FROM THE BOARD OF EXAMINER’S RISK ASSESSMENT.

The First Department determined defendant, in a Sex Offender Registration Act (SORA) proceeding, was entitled to notice the judge (not the prosecutor, as is the usual case) intended to seek a risk assessment different from that recommended by the Board of Examiners of Sex Offenders. Because the defendant was not so notified, and new SORA hearing was ordered:

 

SORA protects a defendant’s due process rights by requiring written notice, at least 10 days prior to the hearing, to determine his risk level, if a determination differing from the Board’s recommendation is to be sought (Correction Law § 168-n[3]). The purpose of the notice is to afford the defendant a meaningful opportunity to respond at the hearing … . No less than when the People fail to give the required notice that they will seek a departure from the Board’s recommendation, a court’s sua sponte departure from the Board’s recommendation at the hearing, without prior notice, deprives the defendant of a meaningful opportunity to respond … . Defendant is therefore entitled to a new hearing at which he is afforded a meaningful opportunity to respond to the contention that he should be assessed points for forcible compulsion. People v Segura, 2016 NY Slip Op 01041, 1st Dept 2-11-16

 

CRIMINAL LAW (DEFENDANT ENTITLED TO TEN DAYS NOTICCE OF SORA JUDGE’S INTENT, SUA SPONTE, TO DEPART FROM THE BOARD OF EXAMINER’S RISK ASSESSMENT)/SORA (DEFENDANT ENTITLED TO TEN DAYS NOTICCE OF SORA JUDGE’S INTENT, SUA SPONTE, TO DEPART FROM THE BOARD OF EXAMINER’S RISK ASSESSMENT)

February 11, 2016
Tags: First Department
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