New York State Court of Appeals – Sex Offender Registration Act: People v. Diack

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New York State Court of Appeals – Sex Offender Registration Act – Local Residency Restrictions – Preemption

People v. Diack

No. 1

Judge Pigott

Background: At issue is Nassau County’s Local Law No. 4-2006, which prohibits registered sex offenders from residing within 1,000 feet of a school. The defendant was charged for violating this law. The defendant had moved to dismiss the information on the ground that the local law was preempted by state law. The Appellate Division reversed the dismissal on the ground that it could not discern any express or implied intention by the Legislature through the enactment of the Sex Offender Registration Act to occupy the entire field so as to prohibit the enactment of local laws imposing residency restrictions for sex offenders.

Ruling: The Court of Appeals held that the state’s comprehensive and detailed statutory and regulatory framework for the identification, regulation and monitoring of registered sex offenders prohibits the enactment of a residency restriction law such as Local Law 4.

Kathy Manley for the appellant; Kenneth L. Gartner for the respondent