People v. Gonzalez

*1006A sex offender facing risk level classification under the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA) has a due process right to be present at the hearing (see People v David W., 95 NY2d 130, 133 [2000]; People v Arrahman, 83 AD3d 680 [2011]; People v Gonzalez, 69 AD3d 819 [2010]). “ ‘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…