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sex offender registration act

May 4, 2015

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 […]

Apr 7, 2015

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 […]

Apr 6, 2015

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 […]

Feb 26, 2015

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 […]

Dec 23, 2014

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 […]

Jun 25, 2014

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, […]

Dec 9, 2013

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 […]

Jul 21, 2013

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 [...]

Feb 11, 2013

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[...]

Jan 21, 2013

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 […]

Jan 2, 2013

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 […]

Dec 26, 2012

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 […]

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