that vacatur of defendant's risk level determination is appropriate. Although Correction Law § 168-l (8) expressly provides that a failure by the court "to render a determination within the time period specified in [article 6-C] shall not affect the obligation of the sex offender to register," we conclude that the 11-year delay is " so outrageously arbitrary as to constitute [a] gross abuse of governmental authority' " (People v Wilkes, 53 AD3d 1073, 1074, lv denied 11 NY3d 710; cf. People v Sgroi, 22 Misc 3d 902, 905-[*2]906).
Referrals to New York State attorneys. The Lawyer Referral and Information Service is a public service of the New York State Bar Association that provides ...
Thứ Sáu, 26 tháng 3, 2010
SORA Can't Be Imposed Eleven Years after Expiration of Sentence
In People v Gregory (2010 NY Slip Op 02608 [4th Dept 3/26/10]) the Fourth Department has held that the imposition of SORA registation requirements 11 years after the expiration of the defendant's sentence was impproper. Although the Court rejected defendant's contention that the six-year statute of limitations in CPLR 213 applies to this SORA classification proceeding, it concluded
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Provisions in Settlement Agreement Which Govern Award of Attorney's Fees, Rather than Statutory Provisions, Control. In Berns v Halberst...
-
The Cultural Property Advisory Committee will be holding public sessions on October 12 and October 14, 2010 to consider renewing the cultura...
-
For what its worth, the BG&S website has some articles I've authored, each of which should have been published by now in "The S...
-
The need to renew previously made requests has been in the news recently with lots of reminders that if you don't a request to be on the...
-
I have just turned the magic age of 48. Getting a bit more grey, having a few more excuse me "sirs" thrown my way pauses me to th...
-
In People v Helmer ( 2009 NY Slip Op 04830 4th Dept 6/12/09) the sole issue was whether the victim was a stranger to defendant for purpose...
-
I'm living my dream. When I told my friends five years ago where I was moving they recommended I see a therapist. I escaped the big city...
-
Judge Nelson Roman, Deputy Mayor Carol Robles-Roman, Is Approved For Seat in Southern District CourtSenate Committee Approves Roman for Southern District By Mike Paquette New York Law Journal March 4, 2013 LINK Cover Story: Hispanic Power ...
-
Let us thank the American Bar Association for giving the green light late last year to allow the corporations and corrupt TARP receiving ban...
-
re-posted from Parentadvocates.org LINK The subtitle of the article on the July 29, 2012 New York Post: "Judges' pals cashing in...
Không có nhận xét nào:
Đăng nhận xét