| People v Distaffen |
| 2010 NY Slip Op 02634 [71 AD3d 1597] |
| March 26, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v PatrickDistaffen, Appellant. |
—[*1] R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of counsel), forrespondent.
Appeal from an order of the Ontario County Court (Frederick G. Reed, J.), entered January20, 2009. The order determined that defendant is a level three risk pursuant to the Sex OffenderRegistration Act.
It is hereby ordered that the order so appealed from is unanimously reversed on the lawwithout costs and the matter is remitted to Ontario County Court for further proceedings inaccordance with the following memorandum: Defendant appeals from an order determining thathe is a level three risk pursuant to the Sex Offender Registration Act (SORA) (Correction Law§ 168 et seq.). The People candidly concede that County Court violated the dueprocess rights of defendant when it held the SORA hearing in his absence without verifying thathe had received the letter notifying him of the date of the hearing and his right to be present(see People v Gonzalez, 69 AD3d 819 [2010]; cf. People v Ensell, 49 AD3d1301 [2008], lv denied 10 NY3d 715 [2008]). We therefore reverse the order and remitthe matter to County Court for a new hearing and risk level determination in compliance withCorrection Law § 168-n (3). Present—Smith, J.P., Centra, Fahey and Pine, JJ.