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Appeals court OKs visits to verify sex offenders’ addresses
NEW YORK (AP) — A Long Island county that includes the Hamptons is within its rights to visit the homes of sex offenders to verify addresses, a federal appeals court ruled Wednesday. The 2nd U.S. Circuit Court of Appeals ruled Wednesday, finding Suffolk County did not violate the rights of a registered sex offender who […]
State Medicaid bought erectile dysfunction drugs for sex offenders
New York state’s Medicaid program paid more than $60,000 for sexual and erectile dysfunction (ED) drugs and treatments for 47 sex offenders, according to an audit released Wednesday by state Comptroller Thomas P. DiNapoli. In total, Medicaid made more than $930,000 in payments for ED drugs and treatments for recipients, including sex offenders that are […]
NY imposes special Halloween rules on paroled sex offenders
ALBANY — New York state is taking steps to ensure paroled sex offenders don’t take advantage of Halloween to commit another crime. The state said Friday that it is imposing special rules on convicted sex offenders that prohibit them from dressing up in costume or opening their doors to trick-or-treaters. Parolees are also instructed to […]
Sex offenders off social networking sites
The e-STOP law has resulted in the removal of more than 24,000 accounts and online profiles linked to registered sex offenders. The Electronic Security and Targeting of Online Predators Act, authored by Gov. Andrew M. Cuomo when he served as attorney general ...
Civil Commitment: Martinek v. Sawyer
Appellate Division, Fourth Department Civil Commitment Sex Offenders Martinek v. Sawyer 1191 Appealed from Supreme Court, Oneida County Background: In appeal No. 1, the petitioner appeals from a judgment dismissing his petition seeking habeas corpus relief with respect to his civil commitment to Central New York Psychiatric Center pursuant to Mental Hygiene Law article 10 […]
Sex Offenders: U.S. v. DeSilva
U.S. Court of Appeals, Second Circuit Sex Offenders Danger to Community — Expert Opinion U.S. v. DeSilva 09-2988-cr Appealed from the Western District of New York Background: The government appeals a sentence imposed June 10, 2009, by a judgment of conviction entered in the U.S. District Court for the Western District of New York. In […]
Guidelines questioned
Justin K. Dorvee, an admitted child pornographer, never had sex with a minor. But with the enhancements handed out during his initial sentencing, the sexually explicit conversations he had with an undercover agent and the pornography found at his home resulted in a more severe sentence than he would have received had the 26-year-old — at the time of his October 2007 arrest — performed a sexual[...]
Sex Offenders: People v. Swindell
Appellate Division, Third Department Sex Offenders Internet Account Registration People v. Swindell 102552 Appealed from County Court, Albany County Background: The appeal is from a judgment convicting the defendant upon his plea of guilty of the crime of failure to register or verify under SORA. The defendant pleaded guilty to failure to register or verify […]
Sex Offenders: People v. Pettigrew
New York State Court of Appeals Sex Offenders Use of Dangerous Instrument People v. Pettigrew No. 51 Appealed from the First Department Background: At issue before the court is whether the prosecution proved by clear and convincing evidence that the defendant was armed with a dangerous instrument for the purposes of classifying him a level […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- 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
Law News
- Split court affirms gun conviction
- 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
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