West Hurley, New York 12401 Criminal And Arrest Records Search
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More Comments. Back Next Step. This purpose is evident from the legislative history of SORA. When SORA was first enacted, the only out of state convictions that required registration in New York were felonies with the same essential elements as a New York crime requiring registration see L. Kennedy, 7 N. Under these circumstances, and in light of the non-punitive, remedial public safety purpose underlying SORA, the lack of an equivalent New York felony conviction is not grounds for exempting petitioner from the registration requirement see Matter of North v.
In sum, petitioner has failed to demonstrate that his Florida nolo contendere plea with adjudication withheld may not be considered a conviction under SORA. In the absence of any other grounds for annulling or vacating the Board's determination that he is required to register as a sex offender under SORA, and in the absence of any factual issues, the petition must be dismissed see Matter of Smith, 73 A. New York City Dept. Town of Wappinger, 12 A. DeSantis, A.
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Although I am compelled by the statutory provisions, as interpreted by case-law, to dismiss the petition, 9 I wish to express my own dissatisfaction with requiring petitioner to register under the circumstances of this case. Commentators have criticized the continued criminalization of such teen sex, and the laws requiring such offenders to register see e. These commentators also compellingly argue that offenders like petitioner simply do not present the danger of re-offending that other sex offenders do, and that their inclusion in the sex offender registries makes the sex offender registration laws a less effective tool in protecting the public from the offenders who are truly dangerous see Stine, 60 DePaul L.
Michigan Dept. Attorney General, Mass. These concerns led a Michigan appellate court to find that requiring registration of an offender under circumstances similar to those here constituted cruel and unusual punishment under Michigan's constitution see People v.
Despite law, N.H. commits only 2 sex offenders
Dipiazza, Mich. Hinckley, F. Metzger, WL [Ohio App. State, 17 So. Under these circumstances, I believe that requiring petitioner to register here, while required by statute and case law, is manifestly unfair. The Florida court documents relied upon by the parties do not indicate the age of the child and the child's age is not shown by any sworn evidence in the record.
It is noted, however, that, in a sex registration form filed out by petitioner in March , petitioner represented that the victim was a 15 year old high school classmate. There is no dispute that an Article 78 proceeding is the appropriate means to obtain judicial review of the Board's determination see People v. Reitano, 68 A. It is also noted that the Board has raised no procedural objection to the petition in this case.
As stated in People v. It simply means that the defendant will not contend against the charge but will submit to such punishment as the court inflicts, usually less than would have been imposed after a plea of guilty.
The court, however, on such a plea may sentence the prisoner to the same punishment as if convicted after a trial or on a plea of guilty. Aside from the ameliorating effect the plea of non vult has the same consequences in a criminal court as a plea of guilty; at least it is a conviction of the crime to which the plea is taken.
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In Matter of Smith, the court noted that a deferred adjudication is generally not considered a conviction under Texas law Matter of Smith, 73 A. State, S. Town of Macedon 62 A. Here, in contrast, petitioner does not dispute that his Florida nolo contendere plea with adjudication withheld required him to register as a sex offender in Florida and Florida case law clearly holds that such a plea constitutes a conviction for purposes of sex offender registration.
In this regard, assuming, for the sake of argument, that the victim was 15 as alleged by petitioner in his registration form, petitioner would not have been guilty of similar New York felonies involving the absence of consent based on the age of the victim. I note that petitioner has not raised a constitutional objection to the registration requirement under these facts. I also note, however, that SORA's provisions have already withstood several constitutional challenges see People v. Knox, 12 N. Szwalla, 61 A.
McGarghan, 18 Misc. New York County ] [equal protection], affd 83 A. As noted in footnote 9, petitioner has not raised any constitutional challenges to registration. In addition, New York court holdings that registration does not constitute punishment would appear to preclude any cruel and unusual punishment claim under New York law see People v. Gravino, 14 N. By submitting this form, you agree to FindLaw.
We respect your privacy. Thank you for subscribing! Explore Resources For Practice Management. Legal Technology. Corporate Counsel. Reset A A Font size: Print. Landau of counsel , for petitioner. Eric T.