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9 Nov 2013, 1:57 pm by Stephen Bilkis
The issue in this case is whether the Court that adopted a Sex Offender Risk Level determination stipulated to by the People and the defendant's counsel for purposes of the SORA vacate the stipulation to correct an error in the risk-level classification. [read post]
8 Nov 2013, 3:26 pm
Such clause is not implicated where the issue decided by a court in a sister states is different from the issue being decided by a New York court. [read post]
8 Nov 2013, 2:51 pm by Stephen Bilkis
The issue in this case is whether the Board of Examiners of Sex Offenders pursuant to Correction Law § 168-l (6), erred in recommending that defendant be designated a level three sex crime offender. [read post]
8 Nov 2013, 10:11 am by Stephen Bilkis
This court also rendered a determination designating defendant a level one sex crime offender. [read post]
7 Nov 2013, 11:08 am
The issue in this case is whether petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Division of Criminal Justice Services requiring petitioner to continue to register as a sex crime offender should be granted. [read post]
6 Nov 2013, 3:21 pm by Stephen Bilkis
The program's stated purpose is to deter young, non-violent offenders from future crime. [read post]
6 Nov 2013, 2:49 pm by Stephen Bilkis
Once the sex crime offender's risk level is determined, DOP must notify the offender of such determination. [read post]
6 Nov 2013, 8:02 am by Kirk Jenkins
 According to the new statute, a health care worker’s license is automatically revoked without a hearing when the individual: (1) is convicted of a criminal act automatically requiring registration as a sex offender; (2) is convicted of a criminal battery against any patient committed in the course of care or treatment; (3) has been convicted of a forcible felony; or (4) is required as part of a criminal sentence to register  as a sex offender. [read post]
5 Nov 2013, 2:58 pm
Thus, the Appellate Division left plaintiff's sex offender certification in place. [read post]
4 Nov 2013, 11:10 am
The issue in this case is whether homelessness may be considered an inappropriate living situation within the meaning of risk factor 15 of the risk assessment instrument (RAI) used to rate the threat to the community posed by a defendant covered under the Sex Offender Registration Act (SORA) (Correction Law art 6-C). [read post]
4 Nov 2013, 10:27 am by Marty Lederman
  Lyle is further correct that one way for the Court to avoid such a landmark ruling would be to hold that the CWC (and its implementing legislation) was not designed to cover the conduct at issue in Bond’s case—namely, her knowing use of lethal quantities of 10-chlorophenoxarsine and potassium dichromate in order to harm Myrlinda Haynes.There is also another way in which the Court might issue a fairly narrow ruling, however, even if it concludes that the treaty… [read post]
4 Nov 2013, 9:51 am by James R. Marsh
”In this remarkable order, Judge Richard Jones granted our motion for prejudgment attachment of convicted sex offender Joshua Osmun Kennedy’s real and personal property. [read post]
3 Nov 2013, 3:02 pm by Stephen Bilkis
At issue here is whether the crimes charged in the indictment against the defendant are time-barred or, because of the effect of the above tolling provisions, are timely. [read post]
3 Nov 2013, 2:18 pm by Stephen Bilkis
In the first man’s case, another issue must be decided. [read post]
3 Nov 2013, 11:03 am
Conviction of any of the enumerated sex offenses automatically classifies an individual as a “sex offender. [read post]
2 Nov 2013, 4:06 pm by Stephen Bilkis
Supreme Court required all three defendants to register under the Sex Offender Registration Act (SORA) despite their protests that they were not sex offenders as that term is commonly understood, and so could not constitutionally be subjected to sex offender registration. [read post]
2 Nov 2013, 2:55 pm by Stephen Bilkis
DSS proved only father's conviction; that he was adjudicated a SORA level three sex offender; that he never sought sex offender treatment; and that he was residing at home. [read post]
1 Nov 2013, 3:58 pm by Stephen Bilkis
The issue in this case is whether amendments made to the Sex Offender Registration Act (SORA) since 1996, that, among other things, impose more stringent registration and notice requirements for convicted sex offenders, have rendered the act a punitive statute, so that its retroactive application to defendant violates the Ex Post Facto Clause or the state and federal constitutional prohibition against double jeopardy. [read post]