PEOPLE v. CASH (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Respondent, v. Freddie CASH, Appellant.

Decided: September 30, 1997

Before GREEN, J.P., and LAWTON, HAYES, DOERR and FALLON, JJ.

Defendant purports to appeal from an order of County Court determining, pursuant to the Sex Offender Registration Act (SORA), that he is a level three sex offender. Except when the issue is raised on appeal from a judgment of conviction, a classification determination pursuant to SORA may not be challenged on appeal (see, People v. Lyday, 241 A.D.2d 950, 661 N.Y.S.2d 325; see also, People v. Freeman, 236 A.D.2d 897, 653 N.Y.S.2d 739; People v. Stevens, 235 A.D.2d 440, 652 N.Y.S.2d 305, lv. granted 90 N.Y.2d 864, 661 N.Y.S.2d 191, 683 N.E.2d 1065). The proper procedure for challenging a classification determination under SORA is a proceeding pursuant to CPLR article 78. No such proceeding has been commenced in this case.

Motion for permission to proceed as poor person denied.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network