SORA Order Reversed Due to Inadequate Notice
In anticipation of Mr. Green’s release from prison, the Board of Examiners of Sex Offenders recommended, inter alia, 30 points under risk factor 1 for being armed with a dangerous instrument. The SORA hearing court did not assess these 30 points, but instead, over defense objection for lack of notice, assessed 15 points under risk factor 1 for inflicting physical injury. The Appellate Division reversed, holding that the prosecution failed to provide 10 days’ notice, which is required when the prosecution’s recommendation, including the factual predicate, differs from the Board’s. Accordingly, a new hearing with proper notice was required.
Ava C. Page and Jenna Hymowitz represented Mr. Green