The People v. Steven Lashway

Summary

The New York Court of Appeals held that a defendant seeking modification of a Sex Offender Registration Act risk-level classification was entitled to access documents reviewed by the State Board of Examiners of Sex Offenders. However, the court concluded that the hearing court did not abuse its discretion by denying an adjournment to obtain two missing emails because the record overwhelmingly supported denial of the modification and the defendant was not prejudiced. The order affirming denial of the modification was affirmed.

Holdings

1. A petitioner seeking modification of a SORA risk-level classification has the same procedural due process right to access documents reviewed by the Board as a petitioner in an initial risk-level determination.
2. County Court did not abuse its discretion as a matter of law by denying Lashway's request for an adjournment, despite his entitlement to access the documents.

Questions Presented

1. Whether a petitioner seeking modification of a SORA risk-level classification is entitled to access documents reviewed by the Board of Examiners of Sex Offenders.
2. Whether County Court abused its discretion or violated due process by refusing to adjourn the reclassification hearing until the petitioner received two emails reviewed by the Board.

Disposition

affirmed