By: Daily Record Staff//July 21, 2013
By: Daily Record Staff//July 21, 2013//
Appellate Division, Fourth Department
Sex Offender Registration Act
Consecutive Post-release Supervision
People v. Allard
Appealed from Genesee County Court
Background: On appeal, defendant, who was convicted of second-degree rape, contended that the sentencing judge erred in finding that he was a “sex offender.” This argument was based on a Fourth Department decision involving a conviction for unlawful surveillance. A second issue addressed by the court involved consecutive periods of post-release supervision.
Ruling: Conviction was modified. By statute, a sentencing judge may find a defendant convicted of unlawful surveillance to not be a sex offender if it is found that such a classification would be “unduly harsh and inappropriate.” That exception applies only to unlawful surveillance, and does not apply to a conviction for rape.
The Appellate Division addressed an issue not raised by the defendant, namely whether post-release supervision periods could be consecutive. By statute, PRS terms merge, and are satisfied by service of the longest unexpired term.
Joseph T. Jarzembeck for the defendant; William G. Zickl for the Genesee County District Attorney’s Office