People v. Brooks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedmann, J.
The defendant failed to attend the risk assessment hearing which was held to determine his status pursuant to the Sex Offender Registration Act (also known as Megan’s Law) (see Correction Law art 6-C [hereinafter SORA]). In his absence, the Supreme Court determined that he was a level three sex offender. The defendant contends that he did not waive his right to be present and therefore was denied due process when the hearing was held in his absence. This appeal presents the issue of whether the waiver-forfeiture analysis, which is used to determine when a…
2Cases cited24 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- People v. ParkerNew York Court of Appeals · 1982
- Doe v. PatakiDistrict Court, S.D. New York · 1998
- Russell v. GregoireCourt of Appeals for the Ninth Circuit · 1997
- People v. David W.New York Court of Appeals · 2000
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3Cited by53 opinions
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- People v. DaoAppellate Division of the Supreme Court of the State of New York · 2004
- People v. ParrisAppellate Division of the Supreme Court of the State of New York · 2017
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