Legal Opinion
People v. Ginyard
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 2012PublishedCited by 10 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’ ” (People v Jackson, 94 AD3d 961, 961 [2012], quoting People v Gonzalez, 69 AD3d 819, 819 [2010]; see Correction Law § 168-n [3]; People v Gutierrez-Lucero, — AD3d —, 2012 NY Slip Op 08708 [2d Dept 2012]). While a defendant may waive the right to be present at the hearing, for the waiver to be valid it must be shown, inter alia, that the defendant was advised of the hearing date and that the hearing would be conducted in his…
2Cases cited5 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BrooksvasquezAppellate Division of the Supreme Court of the State of New York · 2005
- People v. D'AlviaAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by10 opinions
- People v. WallAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SortoAppellate Division of the Supreme Court of the State of New York · 2015
- People v. SouverainAppellate Division of the Supreme Court of the State of New York · 2016
- People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2013
- People v. Chang Soo ParkAppellate Division of the Supreme Court of the State of New York · 2020
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