People v. Neuer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). Defendant failed to preserve for our review his contention that he was denied due process when the District Attorney’s Office, rather than the Board of Examiners of Sex Offenders, prepared the risk assessment instrument (see People v Charache, 9 NY3d 829 [2007]; People v McElhearn, 56 AD3d 978, 978-979 [2008], Iv denied 13 NY3d 706 [2009]).
We agree with defendant that the People failed to establish by the requisite clear and…
2Cases cited6 opinions
- People v. WarrenAppellate Division of the Supreme Court of the State of New York · 2007
- People v. CharacheNew York Court of Appeals · 2007
- People v. RatcliffAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MarreroAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CannonAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by28 opinions
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- People v. BeckerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GomezAppellate Division of the Supreme Court of the State of New York · 2022
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