PEOPLE v. BROOKS


308 A.D.2d 99 (2003)

763 N.Y.S.2d 86

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK BROOKS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 4, 2003.


Attorney(s) appearing for the Case

Laura R. Johnson, New York City (Lorraine Maddalo of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.

FEUERSTEIN, J.P., SMITH and GOLDSTEIN, JJ., concur.


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...

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