Fourth Department — Sex Offender Registration Act: People v. Allard

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Appellate Division, Fourth Department

Sex Offender Registration Act

Consecutive Post-release Supervision

People v. Allard
KA 11-01989
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