PEOPLE v. GUTIERREZ-LUCERO

2011-00644.

103 A.D.3d 89 (2012)

956 N.Y.S.2d 131

2012 NY Slip Op 8708

THE PEOPLE OF STATE OF NEW YORK, Respondent, v. GASPARI GUTIERREZ-LUCERO, Appellant.

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

December 19, 2012.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , New York City ( William Kastin of counsel; David Lowry on the brief), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

DICKERSON, CHAMBERS and AUSTIN, JJ., concur.


OPINION OF THE COURT

RIVERA, J.P.

"Auditur et altera pars," or "The other side shall be heard as well," are words attributed to Lucius Annaeus Seneca, the Roman philosopher, in the tragedy Medea. This concept is encompassed in the legal principle known as "due process." The instant appeal involves fundamental due process considerations in the context of Correction Law article 6-C, the Sex Offender Registration Act (hereinafter SORA). Particularly...

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