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New York Court of Appeals
Robert Newman
People v. Liden resulted in a procedural improvement for individuals convicted of sex offenses out-of-state seeking to appeal their offender designation under the New York Sex Offender Registration Act (SORA). Previously, where the Board of Examiners of Sex Offenders determined that an individual convicted in another state was required to register in New York and recommended that they be designated a certain sex offender level (Level I, II, or III), a trial court was not allowed to review the question of whether the individual was required to register in New York, at all. The only path of review was through an Article 78 petition against the Board of Examiners, an action with just a four-month statute of limitations. We challenged this procedure, and the Court of Appeals agreed with us: the risk level court could, and should, decide on the registrability issue in addition to the risk level, because this was fairer, more efficient, and good policy.