Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Appellate Term, First Department: November 1, 2024

Decision & Orders and Orders on motions filed on:October 29, 2024

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

  By: Tisch, J.P., James, Perez, JJ.

21-013. THE PEOPLE OF THE STATE OF NEW YORK, res v. JONATHAN BALMOS, def-app — Order (Keshia J. Espinal, J.), entered December 20, 2019, affirmed. Defendant was properly adjudicated a level two sex offender. The court’s assessment of 10 points under the risk factor for inappropriate living situation was supported by clear and convincing evidence. Defendant had no permanent address, no history of employment, stated that he had no family contacts and did not participate in community programs, and provided conflicting accounts in various Criminal Justice Agency Reports (CJA) regarding whether he had been homeless for six years or fifteen years, making it difficult to locate him if he were to reoffend (see People v. Alemany, 13 NY3d 424, 430 [2009]; People v. Ayala, 220 AD3d 516 [2023], lv denied 41 NY3d 907 [2024]). Defendant’s contention that the court violated his constitutional right to due process by holding the SORA hearing in his absence is unpreserved (see e.g. People v. Rosales, 133 AD3d 733 [2015], lv denied 26 NY3d 919 [2016]; People v. Brown, 122 AD3d 536 [2014], lv denied 24 NY3d 915 [2015]), and we decline to review it in the interest of justice. Were we to review this contention, we would reject it. The record establishes that defendant received oral and written warnings stating that if he failed to appear, the SORA hearing would be held without him (see Correction Law §168-n[6]; People v. Reid, 49 AD3d 338, 339 [2008], lv denied 10 NY3d 713 [2008]). All concur. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
Associate Attorney

Company Description Hyderally & Associates, P.C. is a law firm located in Montclair, NJ, specializing in all areas of employment law. T...


Apply Now ›
(NEW) PARTNER/COUNSEL WANTED FOR ELITE LITIGATION BOUTIQUE FIRM NO PORTABLES REQUIRED (Atlanta, GA)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a partner/counsel for their rapidly expandi...


Apply Now ›
(NEW) JUNIOR-MID LEVEL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›
Go to Lawjobs