People v. Lashway

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In 1990, Appellant was convicted of three counts of rape in the second degree. Prior to his release in 2004, Appellant was adjudicated a risk level three sex offender under the Sex Offender Registration Act (SORA). Appellant subsequently violated parole. In 2010, while under civil confinement, Appellant filed a petition for a downward modification of his risk level. After a hearing, County Court denied Appellant’s modification request, concluding that Appellant failed to establish by clear and convincing evidence that he was entitled to a downward modification. The Appellate Division affirmed. Appellant appealed, arguing that he was deprived of due process when County Court failed to grant an adjournment so as to give him access to copies of all the records that the Board of Examiners of Sex Offenders reviewed in making an updated recommendation that Appellant’s risk level classification should not be reduced. The Court of Appeals affirmed, holding that Appellant was not prejudiced by the court’s denial of an adjournment to obtain the documents. View "People v. Lashway" on Justia Law