Due Process Violation Results in New SORA Hearing
At Mr. Cutting’s SORA hearing, the court granted the prosecution’s request for an upward departure to Level Three. The court based its decision, in part, on factors not raised by the prosecution. The Appellate Division reversed and remitted for a new hearing. The Court noted that Mr. Cutting had no notice of the grounds or an opportunity to contest the grounds for the upward departure. This violated Mr. Cutting’s due process rights.
Anna Boksenbaum represented Mr. Cutting
