People v. Williams
Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Kings County (Reichbach, J.), dated December 22, 2010, which, after a hearing, designated him a level one sex offender pursuant to Correction Law article 6-C.
Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
The defendant was convicted in Alabama of two counts of attempted enticement of a child (see Ala Code § 13A-6-69), a misdemeanor (see Ala Code § 13A-4-2 [d] [4]). In connection with the defendant’s relocation to New York, the Board of Examiners of Sex Offenders (hereinafter the Board) determined that the defendant was required to register under the Sex Offender Registration Act (hereinafter SORA), and made a recommendation as to the appropriate risk level (see Correction Law § 168-k [2]). In the context of the court proceeding, under SORA, to determine the defendant’s risk level (see Correction Law § 168-k [2]), the defendant challenged the Board’s determination that he was subject to SORA based upon his out-of-state conviction. The Supreme Court determined that such a challenge was not properly before it, as that contention had to be asserted in a CPLR article 78 proceeding.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.