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Fourth Department – Sex Offender Registration Act
Appellate 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 […]
New York State Court of Appeals – Sex Offender Registration Act: People v. Ford
New York State Court of Appeals – Sex Offender Registration Act – Failure to Seek Treatment – Disciplinary Actions People v. Ford No. 47 Memorandum Background: The defendant pleaded guilty to sexual abuse and was sentenced to a determinate term of three years imprisonment and five years of post-release supervision. As a consequence […]
New York State Court of Appeals – Sex Offender Registration Act: People v. Ford
New York State Court of Appeals – Sex Offender Registration Act – Failure to Seek Treatment – Disciplinary Actions People v. Ford No. 47 Memorandum Background: The defendant pleaded guilty to sexual abuse and was sentenced to a determinate term of three years imprisonment and five years of post-release supervision. As a consequence […]
New York State Court of Appeals – Sex Offender Registration Act: People v. Diack
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 […]
Fourth Department – Sex Offender Registration Act:
Appellate Division, Fourth Department – Sex Offender Registration Act – Prior Youthful Offender Adjudication People v. Williams KA 14–00259 Appealed from Erie County Court Background: After being convicted of a sex offense, defendant was required to register under the Sex Offender Registration Act, and was found to be a level two (moderate) risk. He […]
Court of Appeals — Sex Offender Registration Act: People v. Fazio; People v. Gilotti
New York State Court of Appeals Sex Offender Registration Act Points Assessment — Downward Departure — Preponderance of Evidence People v. Fazio; People v. Gilotti Nos. 98 & 97 Judge Abdus-Salaam Background: At issue in these appeals is whether a court may assess points against a child pornography offender under the Sex Offender Registration Act, […]
Fourth Department — Sex Offender Registration Act: Thomas v. NY Executive Department, et al.
Appellate Division, Fourth Department Sex Offender Registration Act Registration Obligation — Risk Level Vacated Thomas v. NY Executive Department, et al. CA 13-00227 Appealed from Supreme Court, Monroe County Background: The petitioner commenced a proceeding seeking a declaration that he was not required to register as a sex offender under Section 168-f of the Correction Law. The […]
Fourth Department — Sex Offender Registration Act: People v. Allard
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 [...]
Fourth Department — Sex Offender Registration Act: People v. Magliocco
Appellate Division, Fourth Department Sex Offender Registration Act Unlawful Surveillance People v. Magliocco KA 11-00256 Appealed from Genesee County Court Background: For most crimes, the Sex Offender Registration Act states whether registration is required. But with Unlawful Surveillance, the statute provides that the court may consider the nature and circumstances of the crime and the defenda[...]
Fourth Department — Sex Offender Registration Act: People v. Diaz
Appellate Division, Fourth Department Sex Offender Registration Act Upward Departure People v. Diaz KA 11-00996 Appealed from Monroe County Court Background: County Court found that the defendant was a level three risk pursuant to the Sex Offender Registration Act based upon the Board of Examiners of Sex Offenders’ recommendation for an upward departure due to […]
Fourth Department — Sex Offender Registration Act: People v. Diaz
Appellate Division, Fourth Department Sex Offender Registration Act Upward Departure People v. Diaz KA 11-00996 Appealed from Monroe County Court Background: County Court found that defendant was a level three risk pursuant to the Sex Offender Registration Act based upon the Board of Examiners of Sex Offenders’ recommendation for an upward departure due to defendant’s pattern […]
Fourth Department — Sex Offender Registration Act: People v. Hays
Appellate Division, Fourth Department Sex Offender Registration Act Risk Assessment and Determination People v. Hays KA 11-01261 Appealed from Oswego County Court Background: County Court issued an order finding the defendant to be a level two risk under the Sex Offender Registration Act. On appeal, he contended County Court erred in denying his request for […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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