New York Court of Appeals

The People of the State of New York, Respondent v. David W., Appellant

June 15, 200095 N.Y.2d 130

Summary

The New York Court of Appeals held that the procedural due‑process guarantees of the United States and New York Constitutions require that a probationer be given notice and an opportunity to be heard before the State can classify him as a sexually violent predator under the Sex Offender Registration Act. Because David W. received no such hearing, the Court reversed the Appellate Term’s judgment and dismissed the failure‑to‑register charge.