Notable Decisions and Other News

Decisions

Two SORA Risk Level Determinations Reversed

3/11/2015

In two cases, the Appellate Division reversed the SORA risk level determinations. In the decisions, the court reaffirmed People v. Game, stating that a SORA risk assessment made without the Board of Sex Examiners’ input violated the defendants’ statutory and constitutional due process rights.  Additionally, that the courts held the SORA hearings more than 30 days before the defendants’ release also violated the SORA statute. 

The Appellate Division rejected the People’s contention that the defendants had to explicitly object to the procedure, holding that even if this was true, it was reaching the issue in the interest of justice.

These cases were briefed by Erica Horwitz and Jenin Younes.