PEOPLE v. BARNEY

2017-11245. Ind. No. 45/16.

168 A.D.3d 774 (2019)

89 N.Y.S.3d 689

2019 NY Slip Op 00153

The People of State of New York, Respondent, v. Brandon D. Barney, Appellant.

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

Decided January 9, 2019.


Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a new hearing and a new determination thereafter in accordance herewith.

The defendant's contention that he did not waive his right to be present at the hearing pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]) is unpreserved for appellate...

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