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SECOND RISK ASSESSMENT PROCEEDING, IN A DIFFERENT COUNTY, BASED UPON THE SAME RISK ASSESSMENT INSTRUMENT, SHOULD NOT HAVE BEEN HELD.

The Second Department determined the second risk assessment hearing should not have been held. Defendant had pled guilty to offenses in two counties and was given concurrent sentences. Using the same risk assessment instrument (RAI) one court (New York County) assessed defendant at level two and the second court (Rockland County) subsequently assessed defendant at level three. The Rockland County proceeding was dismissed:

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… [T]he result reached by the County Court in the Rockland County SORA proceeding conflicted with the result reached by the Supreme Court in the New York County SORA proceeding even though the same RAI was utilized in both proceedings. Recently, the Court of Appeals instructed that in order to prevent conflicting conclusions based upon the same RAI, “one—and only one—sentencing court should render a risk level determination based on all conduct contained in the RAI” … . Accordingly, the Rockland County SORA proceeding must be dismissed … . People v Katz, 2017 NY Slip Op 04154, 2nd Dept 5-24-17

CRIMINAL LAW (SECOND RISK ASSESSMENT PROCEEDING, IN A DIFFERENT COUNTY, BASED UPON THE SAME RISK ASSESSMENT INSTRUMENT, SHOULD NOT HAVE BEEN HELD)/SEX OFFENDER REGISTRATION ACT (SORA) (SECOND RISK ASSESSMENT PROCEEDING, IN A DIFFERENT COUNTY, BASED UPON THE SAME RISK ASSESSMENT INSTRUMENT, SHOULD NOT HAVE BEEN HELD)

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