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PEOPLE v. PORTER

37 A.D.3d 797 (2007)

832 N.Y.S.2d 53

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD R. PORTER, Appellant.

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

Decided February 27, 2007.

Ordered that the order is affirmed, without costs or disbursements.

A sex offender facing risk level classification under the Sex Offender Registration Act (hereinafter SORA) has a due process right to be present at the SORA hearing but his presence at this noncriminal proceeding is entirely voluntary (see People v Brooks, 308 A.D.2d 99 [2003]; Correction Law § 168-n [3]). To establish whether a defendant, by failing...

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