People v. Cook

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Defendant committed multiple sexual offenses against four children in both Queens and Richmond Counties. Prosecution was coordinated between the two District Attorneys’ offices on both counties, and Defendant pleaded guilty in both counties. Later, in anticipation of Defendant’s scheduled release, the Richmond County sentencing court conducted a Sex Offender Registration Act (SORA) risk assessment hearing and adjudicated Defendant a level III, sexually violent offender. Shortly thereafter, the Queens County sentencing court held a SORA hearing and adjudicated Defendant a level III, sexually violent offender. Defendant appealed, arguing that the Queens County adjudication was not authorized by statute and was barred by res judicata. The Appellate Division reversed the Queens County SORA court’s order denying Defendant’s motion to dismiss the SORA risk assessment hearing, concluding (1) only one SORA “disposition” may be made per “Current Offense” or group of “Current Offenses”; and (2) the doctrine of res judicata barred the Queens County SORA proceedings. View "People v. Cook" on Justia Law