Legal Opinion
People v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 2010PublishedCited by 25 opinions
1Opinion of the Court
A sex offender facing risk level classification under the Sex Offender Registration Act (hereinafter SORA) has a due process right to be present at the SORA hearing (see People v Porter, 37 AD3d 797 [2007]; People v Brooks, 308 AD2d 99, 103 [2003]; see also Correction Law § 168-n [3]). “To establish whether a defendant, by failing to appear at a SORA hearing, has waived the right to be present, evidence must be shown that the defendant was advised of the hearing date, of the right to be present at the hearing, and that the hearing would be conducted in his or her absence” (People v Porter, 37…
2Cases cited4 opinions
- People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2003
- People v. PorterAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BrooksvasquezAppellate Division of the Supreme Court of the State of New York · 2005
- People v. RubenAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by25 opinions
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. Gutierrez-LuceroAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GinyardAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WallAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ArrahmanAppellate Division of the Supreme Court of the State of New York · 2011
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