New York Court of Appeals

The People v. Michael Worley

June 15, 2023

Summary

The Court held that defendant was denied procedural due process when the SORA court upwardly departed from his presumptive risk level without timely notice or a meaningful opportunity to contest the proposed departure. Because the departure request and supporting rationale emerged during the hearing, and defendant received no adjournment or opportunity to submit rebuttal evidence or argument, the Court reversed and remitted for a new SORA classification hearing.