PEOPLE v. DAVID W.


95 N.Y.2d 130 (2000)

733 N.E.2d 206

711 N.Y.S.2d 134

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID W., Appellant.

Court of Appeals of the State of New York.

Decided June 15, 2000.


Attorney(s) appearing for the Case

Charles M. Newell, Quogue, for appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (William T. Ferris and Ronald E. Lipetz of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, WESLEY and ROSENBLATT concur.


OPINION OF THE COURT

CIPARICK, J.

Does an individual convicted of a sex offense have a constitutional right to notice and an opportunity to be heard before being classified as a sexually violent predator under the Sex Offender Registration Act (SORA)—New York's "Megan's Law?" In the case before us, we hold that procedural due process requires that this defendant, on probation when SORA went into effect, should have received notice and an opportunity...

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