People v. Wells

Miller, J.,

dissents, and votes to reverse the order, on the law, and remit the matter to the Supreme Court, Queens County, for a new risk assessment hearing and, thereafter, a new determination of the defendant’s risk level, with the following memorandum: I respectfully dissent and vote to reverse the order appealed from and remit this matter for a new hearing.

It was error for the Supreme Court to receive and rely upon ex parte evidence that was submitted in camera over the defendant’s objection. Even a convicted sex offender who has perpetrated abhorrent acts against his own family has the…