Fourth Department – Sufficiency of indictment: People v. Reid

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Sufficiency of indictment

Discrepancy in alleged date of crime

People v. Reid

KA 20-00080

Appealed from Monroe County Court

Background: The defendant was determined to be a level one sex offender. He appeals from a conviction of his failure to register and/or verify his status as a sex offender by failing to personally appear for an updated photograph. He argues that the evidence is legally insufficient to support the conviction.

Ruling: The Appellate Division reversed. The court noted that the evidence demonstrated that he was initially registered in 2004 and was required to appear every three years thereafter. On the 2016 anniversary, the defendant failed to appear and law enforcement reminded the defendant. There was no evidence that the law enforcement officer ever scheduled an alternate later date. Furthermore, the indictment did not allege that he failed to appear within 20 days of the triennial anniversary. Rather, it noted 2 ½ years after the triennial registration anniversary in 2018. Thus, it was in error for the court to allow the prosecution to proceed under a theory that the violation occurred in 2016.

James A. Hobbs, of the public defender’s office, for the defendant-appellant; Nancy Gilligan, of the district attorney’s office, for the respondent.

 Oral argument video