You are here: / / Despite the Fact that Defendant Entered Guilty Pleas in Two Counties, Only...
,

Despite the Fact that Defendant Entered Guilty Pleas in Two Counties, Only One SORA Disposition for the “Current Offenses” (Which Included the Offenses from Both Counties) Can Be Held

The Defendant was convicted (by guilty pleas) of sex offenses committed in two counties.  The two district attorney offices coordinated the defendant’s sentences to run concurrently.  Prior to defendant’s release a SORA hearing was held in one of the two counties, taking into account all of the offenses to which defendant pled guilty.  When defendant was notified the second county had scheduled a SORA hearing he filed a motion to dismiss the second proceeding, arguing it was unauthorized by SORA and barred by the doctrine of res judicata.  The Second Department agreed and dismissed the second proceeding.  The decision includes a substantive discussion of statutory interpretation and the purposes and application of the Sex Offender Registration Act:

…[T]he defendant pleaded guilty to charges contained in accusatory instruments filed in two different counties, two in Queens County and one in Richmond County. Nonetheless,… all of those offenses constituted “Current Offenses” for the purpose of determining the defendant’s risk level pursuant to SORA and, indeed, were considered as such by the Board of Examiners of Sex Offenders and the Supreme Court, Richmond County, in conducting their SORA assessment.

The only reasonable interpretation of the statute and Guidelines, and the one that most effectuates SORA’s purpose, is that only one SORA “disposition” may be made per “Current Offense,” or group of “Current Offenses.” Once a court has rendered “an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based” and submitted such order to the Division (Correction Law § 168-d[3]), the Division has all the information it needs to create a file for the defendant and add it to the registry (see Correction Law § 168-b[1]). In this case, once the Division received the SORA order from Richmond County, it had the information it needed to serve SORA’s goal of “protect[ing] the public from” this particular sex offender … . People v Cook, 2015 NY Slip Op 04295, 2nd Dept 5-20-15

 

You might also like
PLAINTIFF BANK FAILED INCLUDE REFERENCED DOCUMENTS WITH ITS MOTION PAPERS AND THEREBY DID NOT DEMONSTRATE DEFENDANTS’ DEFAULT OR PLAINTIFF’S STANDING IN THIS FORECLOSURE ACTION (SECOND DEPT).
APPELLANT PURCHASED THE PROPERTY WHILE THE FORECLOSURE ACTION WAS PENDING; APPELLANT’S MOTION TO INTERVENE SHOULD HAVE BEEN GRANTED (SECOND DEPT). ​
NO EVIDENTIARY BASIS FOR CONSTRUCTIVE POSSESSION JURY INSTRUCTION, NEW TRIAL ORDERED.
No-Fault Carriers Not Required to Pay “Facility Fees” for “Office-Based” Surgery
DEFENDANT ASKED PLAINTIFF TO WIRE THE LOAN PROCEEDS TO A BANK IN NEW YORK; NEW YORK THEREFORE HAD JURISDICTION, PURSUANT TO CPLR 302, OVER THIS BREACH OF CONTRACT ACTION STEMMING FROM DEFENDANT’S ALLEGED FAILURE TO REPAY THE LOAN (SECOND DEPT).
COURT SHOULD NOT HAVE DISMISSED INDICTMENT ON GROUND NOT RAISED BY THE DEFENDANT WITHOUT GIVING THE PEOPLE THE OPPORTUNITY TO ADDRESS IT, EVIDENCE BEFORE THE GRAND JURY DID NOT SUPPORT THE AGENCY DEFENSE.
Court of Claims Must Determine the Interests of All Parties Named by the Attorney General as Potentially Entitled to Payment for a Taking by the State—Therefore a Claimant Must Join all the Parties Named by the Attorney General
THE MERE FACT THAT PLAINTIFF FELL FROM AN A-FRAME LADDER IS NOT ENOUGH TO WARRANT SUMMARY JUDGMENT IN FAVOR OF THE PLAINTIFF ON A LABOR LAW 240(1) CAUSE OF ACTION, PLAINTIFF’S MOTION PROPERLY DENIED BUT DEFENDANT’S MOTION SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Supreme Court Used the Wrong Standards When It Denied Petitioner’s Request... Sale of Notes Was Champertous—Seller Subcontracted Out Its Litigation...