Free Newsletter
Fourth Department – Sex Offender Registration Act
By: Daily Record Staff Reports//May 4, 2015//
Listen to this articleAppellate Division, Fourth Department – Sex Offender Registration Act – Upward Departure
People v. Sczerbaniewicz
KA 14-00721
Appealed from Onondaga County Court
Background: The defendant was found to be a Level III offender, high risk, under SORA. He challenged the finding of an “upward departure” that the judge applied from the presumptive risk level. The defendant was arrested in connection with an investigation into a child pornography ring, after attempting to buy videos from an undercover postal inspector. The defendant possessed 1,500 images as well as 2,000 images of child erotica.
Ruling: The facts in the case summary, not disputed by defendant, were clear and convincing evidence of a high risk level.
Ted Stenuf for the defendant; Victoria M. White for the Onondaga County District Attorney’s Office
Case Digests
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
Law News
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
Polls
Loading ...