Legal Opinion
The People v. Jose Martinez Baxin
New York Court of Appeals
Decided October 20, 2015No. 180PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
The issue presented by this appeal is whether defendant’s due process rights were violated when the hearing court relied, in part, upon grand jury minutes that were not disclosed to the defense in reaching defendant’s Sex Offender Registration Act (SORA) risk level determination. We hold that there was a due process violation, but that, given the overwhelming evidence which was disclosed to defendant in support of the same risk factor, the error was harmless.
Defendant was indicted for six counts of sodomy in the first degree, six counts of sexual abuse…
2Cases cited6 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Doe v. PatakiDistrict Court, S.D. New York · 1998
- People v. David W.New York Court of Appeals · 2000
- People v. Di NapoliNew York Court of Appeals · 1970
- The People v. Steven LashwayNew York Court of Appeals · 2015
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- People v. MinemierNew York Court of Appeals · 2017
- People v. WellsAppellate Division of the Supreme Court of the State of New York · 2016
- People v. WilkeAppellate Division of the Supreme Court of the State of New York · 2020
- People v. AugsburyAppellate Division of the Supreme Court of the State of New York · 2017
- People v. McClintonAppellate Division of the Supreme Court of the State of New York · 2017
22 more not listed; retrieve them via the Exa API.