PEOPLE v COLLIER

Holding The Court held that a delay in commencing Sex Offender Registration Act (SORA) proceedings does not violate substantive due process unless the defendant demonstrates that the delay prejudiced their ability to present their case to the SORA court. Because the defendant materially benefited from the delay by receiving a lower risk level designation, no constitutional violation occurred.

The court’s words

we hold that to establish a violation, defendants must make a showing that the delay prejudiced their ability to present their case to the SORA court

45 NY3d 611, at the official text

defendant, in large part as a result of the delay, is now subject to the least onerous and intrusive conditions a court may impose on a sex offender required to register under SORA

45 NY3d 611, at the official text

the amorphous, heavily subjective nature of such an asserted right based as it is on notions of sufficient temporal duration, sufficiently good behavior and 'crystallized' expectations . . . is not the traditional stuff of substantive due process rights

45 NY3d 611, at the official text