Opinion
16750 Ind. No. 2715/11 Case No. 2018-2511
11-29-2022
The PEOPLE of the State of New York, Respondent, v. Darryl WATTS, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Angie Louie of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Joshua P. Weiss of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Angie Louie of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Joshua P. Weiss of counsel), for respondent.
Acosta, P.J., Kern, Singh, Scarpulla, Pitt, JJ.
Order, Supreme Court, Bronx County (Diane R. Kiesel, J.), entered on or about November 28, 2017, which adjudicated defendant a risk level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
The hearing court ( 58 Misc.3d 552, 64 N.Y.S.3d 505 [Sup. Ct., Bronx County 2017] ) correctly denied defendant's request that a mental competency examination or hearing be held before proceeding with his sex offender classification hearing. The Sex Offender Registration Act does not provide for a competency examination prior to a classification hearing, and due process does not require one ( People v. Parris, 153 A.D.3d 68, 75–81, 60 N.Y.S.3d 169 [2d Dept. 2017], lv denied 30 N.Y.3d 904, 2017 WL 4782684 [2017] ). We also agree with the Second Department that, "if, and when, the defendant is mentally competent to understand the nature of the SORA proceeding, a de novo SORA risk assessment hearing may be held" with "the burden [ ] remain[ing] with the People at the subsequent hearing" ( id. at 82, 60 N.Y.S.3d 169 ), as opposed to the situation at a risk level modification proceeding under Correction Law § 168–o(2), where the burden is on the defendant.
We have considered and rejected defendant's remaining arguments.