Friday, March 26, 2010
In Absentia SORA Hearing Error Absent Proof of Notice of Hearing
Due process applies to SORA hearings. Thus, in People v Distaffen (2010 NY Slip Op 02634 [4th Dept 3/26/2010]), "[t]he People candidly conceded "that County Court violated the due process rights of defendant when it held the SORA hearing in his absence without verifying that he had received the letter notifying him of the date of the hearing and his right to be present (citations omitted)." The Court therefore reversed the order and remit the matter to County Court for a new hearing and risk level determination in compliance with Correction Law § 168-n (3).