PEOPLE v. GONZALEZ

2010-07401

90 A.D.3d 1005 (2011)

934 N.Y.S.2d 851

2011 NY Slip Op 9607

THE PEOPLE OF STATE OF NEW YORK, Respondent, v. JUAN GONZALEZ, Appellant.

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

Decided December 27, 2011.


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a new risk level assessment hearing and a new determination thereafter, to be preceded by notice to the defendant in accordance with Correction Law § 168-d (3).

A sex offender facing risk level classification under the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA) has a due process right...

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