Court of Appeals of New York

In this case, defendant was vaunted of possessing an obscene sexual performance by a child, served his prison term, was classified as a level one sex offender under the Sex Offender Registration Act, and following his discharge from parole, changed his address to an apartment located within 500 feet of two schools. Defendant reported his change of address to the New York State Division of Criminal Justice Services. Defendant was subsequently charged by information with a violation of Nassau County Local Law 4, which makes it unlawful for any registered sex offender to establish a residence or domicile where the property line lies within one thousand feet of the property line of a school. Order of the Appellate Term reinstating the information (following the district court's dismissal) is reversed, where the State's comprehensive and detailed statutory and regulatory framework for the identification, regulation, and monitoring of registered sex offenders prohibits and preempts the enactment of a local residency restriction such as Local Law 4.

Appellate Information

• Decided 02/17/2015
• Published 02/17/2015

Judges

• Pigott

Court

• Court of Appeals of New York

Counsel