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GRAND JURY TESTIMONY IS PROPERLY CONSIDERED IN A SORA RISK-LEVEL PROCEEDING.

The Second Department determined the SORA court properly considered grand jury testimony in assessing the risk level:

The defendant argues that the People’s disclosure of grand jury minutes in this case violated CPL 190.25(4), citing Matter of District Attorney of Suffolk County (58 NY2d 436, 444, 446), which ruled that grand jury minutes cannot be disclosed in a civil proceeding without a demonstration of a “compelling and particularized need” and that it is “impossible” to make a case without the grand jury minutes. However, this argument has been uniformly rejected by the courts … . Correction Law § 168-n(3) states that the court in a SORA proceeding “shall review any victim’s statement,” which includes a victim’s testimony before the grand jury … . Grand jury testimony constitutes reliable hearsay that is sufficient for SORA purposes … . Where grand jury testimony is “undermined by other more compelling evidence,” it need not be credited unless corroborated by other evidence … . However, in this case, no conflicting evidence was submitted. People v Harmon, 2016 NY Slip Op 08210, 2nd Dept 12-7-16

 

CRIMINAL LAW (GRAND JURY TESTIMONY IS PROPERLY CONSIDERED IN A SORA RISK-LEVEL PROCEEDING)/EVIDENCE (SORA PROCEEDING, GRAND JURY TESTIMONY IS PROPERLY CONSIDERED IN A SORA RISK-LEVEL PROCEEDING)/SEX OFFENDER REGISTRAION ACT (SORA) (GRAND JURY TESTIMONY IS PROPERLY CONSIDERED IN A SORA RISK-LEVEL PROCEEDING)/GRAND JURY TESTIMONY (SORA PROCEEDING, GRAND JURY TESTIMONY IS PROPERLY CONSIDERED IN A SORA RISK-LEVEL PROCEEDING)

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GUILTY PLEA INDUCED BY AN UNFULFILLED PROMISE VACATED. PEOPLE DID NOT DEMONSTRATE DEFENDANT WAS AWARE OF THE VICTIM’S AGE, FACTOR...