People v. Mingo

Spolzino, J.P. (dissenting).

I do not agree that the range of materials that may be considered by a SORA court is broad enough to encompass the documents upon which the SORA determination at issue here depends. Because I believe, moreover, that the defendant adequately preserved for appellate review his objections to the admissibility and sufficiency of that evidence, I would vacate the determination and remit the matter for a new hearing. I, therefore, dissent, respectfully.

As the majority notes, the classification of the defendant as a level two sex offender turns on whether he was properly…