People v. Hernandez, 98 N.Y.2d 275 (2002)
A defendant’s certification as a sex offender under New York’s Sex Offender Registration Act (SORA) is appealable as part of the judgment of conviction, allowing appellate review of potential errors in the certification process.
Summary
Hernandez was convicted of attempted rape and sexual abuse. He challenged the denial of a for-cause jury challenge, the jury instruction on “attempt,” and the appealability of his sex offender certification under SORA. The New York Court of Appeals held that the SORA certification is appealable as part of the judgment of conviction. The Court reasoned that since the certification is mandated by statute upon conviction and included in the order of commitment, it is an integral part of the final adjudication and thus subject to appellate review. The case was remitted to the Appellate Division for consideration of Hernandez’s ex post facto challenge to the SORA certification.
Facts
Hernandez accosted a woman, stated his intent to “make love” to her, and threatened her. He choked her when she cried out and dragged her towards a basement, touching her vaginal area through her clothing. The victim escaped and police found Hernandez hiding nearby. He was identified and indicted for attempted rape and sexual abuse.
Procedural History
The trial court denied Hernandez’s challenge for cause of a potential juror. He was convicted after a jury trial. At sentencing, the court certified Hernandez as a sex offender under SORA, which Hernandez challenged. The Appellate Division affirmed the conviction but held the SORA certification was not reviewable on direct appeal, citing People v. Stevens. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether a defendant’s certification as a sex offender under Correction Law article 6-C (SORA) is appealable as part of a direct appeal from the judgment of conviction.
Holding
Yes, because the certification is a mandatory part of the court’s final adjudication upon conviction and is included in the order of commitment, making it an integral part of the judgment and therefore appealable.
Court’s Reasoning
The Court of Appeals reasoned that the SORA certification, mandated by Correction Law § 168-d(1) upon conviction, becomes part of the order of commitment, which is directly linked to the judgment. The Court analogized the SORA certification to the imposition of a mandatory surcharge, which is also levied at sentencing and is reviewable on appeal. The Court rejected the argument that SORA certification is merely a “nonsentence consequence,” stating that this would unfairly deprive defendants of appellate review of potential errors in the certification process. The Court distinguished its prior holding in People v. Stevens, where it held that risk level determinations are not appealable as part of the judgment of conviction. In Stevens, the risk level determination occurred postsentence, whereas here, the certification occurs contemporaneously with the conviction and sentence. The court acknowledged potential inconsistencies that might arise if risk-level determinations are made simultaneously with certification but emphasized the need for legislative clarification. The Court stated, “Unlike the belated risk level determination in Stevens, defendant’s SORA “certification” here was actually and temporally part of the judgment of conviction.” Because the certification is a part of the judgment, it is appealable. The court stated that, “Even assuming that SORA certifications were deemed not a part of the sentence, we are satisfied that they are certainly part of the judgment.”