New York Court of Appeals
The People v. Christopher J. Weber
June 15, 2023
Summary
The Court of Appeals held that the Appellate Division could remit a SORA proceeding for consideration of an upward departure after reversing the defendant's risk-level designation based on an erroneous point assessment, even though the People had not requested an upward departure at the original hearing. The remittal did not grant affirmative relief to a nonappealing party; it allowed the People to pursue the risk level they had originally obtained. The Court therefore affirmed the Appellate Division orders.