New York State Court of Appeals SORA – Reclassification Adjournment – Court’s Discretion People v. Lashway No. 94 Judge Pigott Background: At issue is whether the County Court abused its discretion when it denied the defendant’s request for an adjournment ...

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Appellate Division, Fourth Department – SORA – Physical Injury   People v. Wollek  KA 13–01461 Appealed from Wayne County Court   Background: Defendant was found to be a Level Two under the Sex Offender Registration Act, and challenged this classification on ...

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Appellate Division, Fourth Department SORA Proceeding Pro Se People v. Wilson KA 11-01197 Appealed from Steuben County Court Background: At a Sex Offender Registration Act proceeding, the defendant represented himself. On appeal, he contended that the judge failed to perform ...

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New York State Court of Appeals SORA Drug and Alcohol Abuse — Clear and Convincing Evidence People v. Palmer; People v. Long Nos. 14 & 15 Judge Lippman Background: On appeal was the question of the extent of proof necessary ...

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Appellate Division, Fourth Department SORA Override Factor People v. Iverson KA 10-00827 Appealed from Monroe County Court Background: The defendant was previously convicted of a sex offense and adjudicated a Level I risk. When he was convicted of another sex ...

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Appellate Division, Fourth Department SORA Upward Departure People v. Carbone KA 10-02348 Appealed from Supreme Court, Erie County Background: The defendant was adjudicated a Level III (high) risk under the Sex Offender Registration Act, based upon an upward departure. He ...

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Appellate Division, Fourth Department SORA Acceptance of Responsibility People v. Murray KA 10-01754 Appealed from Genesee County Court Background: The defendant was found to be a level three risk under the Sex Offender Registration Act. On appeal, he challenged the ...

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Appellate Division, Fourth Department SORA Due Process People v. Hackett KA 11-00285 Appealed from Cattaraugus County Court Background: The defendant challenged his Level Three classification under the Sex Offender Registration Act on several grounds. First, that the judge miscalculated the ...

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Appellate Division, Fourth Department SORA Downward Departure People v. Whyte KA 11-00110 Appealed from Ontario County Court Background: The defendant challenged his Level Two adjudication under the Sex Offender Registration Act. Under the Risk Assessment, the Board of Examiners had ...

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Appellate Division, Fourth Department SORA Point Assessment People v. Myers KA 10-01759 Appealed from Niagara County Court Background: Defendant on appeal challenged his Level III high risk offender under the Sex Offender Registration Act. Specifically, he challenged assessment of points ...

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Appellate Division, Fourth Department SORA Out-of-State Conviction Dewine v. Board of Examiners of Sex Offenders CA 11-00774 Appealed from Supreme Court, Onondaga County Background: Petitioner was convicted of a sex offense in Wyoming and was discharged from probation in June ...

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The city of Geneva cannot impose residency requirements for convicted sex offenders that exceed state law. U.S. District Judge Michael A. Telesca of the Western District of New York ruled last week that the state’s Sex Offender Registration Act pre-empts the Ontario County municipality’s local law.

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