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Sex Offender Registration Act: People v. Tooley
Appellate Division, Fourth Department Sex Offender Registration Act Upward Departure People v. Tooley KA 10-00357 Background: Defendant was adjudicated a Level 3 offender (high risk) under the Sex Offender Registration Act. On appeal he argued that an “upward departure” to Level 3 was unwarranted. Ruling: Order affirmed. During the precedence interview, defendant admitted to abusing […]
Sex Offender Registration Act: People v. Fredenhall
Appellate Division, Fourth Department Sex Offender Registration Act Drug or Alcohol Abuse People v. Fredenhall KA 10-01258 Appealed from Cayuga County Court Background: The defendant was adjudicated a Level 2 (moderate) risk after a SORA hearing. He contended that adding 15 points based on drug or alcohol abuse was unsupported by the evidence. Ruling: Order […]
Sex Offender Registration Act: People v. Fleming
Appellate Division, Fourth Department Sex Offender Registration Act Court Martial People v. Fleming KA 08-02185 Appealed from Cayuga County Court Background: The defendant challenged his Level 1 SORA adjudication on the basis that he should not have been required to register as a sex offender. He contended that the crimes for which he was […]
Sex Offender Registration Act: People v. Cummings
Appellate Division, Fourth Department Sex Offender Registration Act Downward Departure People v. Cummings KA 10-01402 Appealed from Wyoming county Court Background: The defendant, who had been convicted of rape first degree, was found to be a Level 3 (high risk) offender sought a “downward departure” from the presumed risk level. The basis for his application […]
Sex Offender Registration Act: People v. Paul
Appellate Division, Fourth Department Sex Offender Registration Act Clear and Convincing Evidence People v. Paul KA 10-00176 Appealed from Oswego County Court Background: The defendant was previously convicted of a sex offense and was afterwards adjudicated a Level 3 (high) risk offender. He challenged the finding, which was based in part upon 15 points for […]
Sex Offender Registration Act: People v. Alvarado
Appellate Division, Fourth Department Sex Offender Registration Act Classification People v. Alvarado KA 09-00745 Appealed from Supreme Court, Monroe County Background: The defendant was adjudicated a Level 3 sexual predator in a SORA proceeding. On appeal he contested both the risk level as well as the classification as a sexual predator. Ruling: The order is […]
Sex Offender Registration Act: People v. Gregory
Appellate Division, Fourth Department Sex Offender Registration Act Statute of Limitations People v. Gregory KA 08-00527 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of a sex offense in 1991 and received a five-year probation sentence. The Sex Offender Registration Act was effective January 1996, one month before the defendant’s probationary period […[...]
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
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