The phrase “good cause” under the venue provision at issue here lists three non-exclusive examples of issues which can be considered in making a venue change determination under the statute. They are the convenience of the parties, the convenience of witnesses and the condition of the respondent. With respect to…
A New York Sex Crimes Lawyer said that, the Court ordered that the petitioners be subject to all of the required procedures under Article 10 of the Mental Hygiene Law which had become effective on April 13th, 2007, after the petitions had been filed but prior to the time the…
Ten years ago, the Legislature enacted the Sex Offender Registration Act (SORA), which required certain sex offenders to register with the Division of Criminal Justice Services within 10 calendar days after discharge from incarceration, parole or other release. The legislation created procedures to weigh the threat posed by the offender’s…
Respondents in these cases are the subjects of sex crime offender civil management petitions pursuant to Article 10 of the Mental Hygiene Law. On April 17th, April 21st and April 28th 2008, the State moved to transfer the venue of these proceedings from New York County, where they are currently…
A New York Criminal Lawyer said that, the respondent is a 36–year–old convicted sex crime offender whose first conviction for a sexual offense occurred in 1990 when he raped and sodomized a 4–year–old girl whom his mother was babysitting. He pleaded guilty to rape in the first degree and was…
This is a proceeding wherein the court holds that registration and the terms and conditions of probation under the Sex Offender Registration Act are not subjects that a trial court must address at the plea hearing because they are collateral and are not direct consequences of a guilty plea. The…
A New York Sex Crimes Lawyer said that, on September 2, 2009 the defendant pled guilty to Sex Abuse in the Second Degree, sexual contact with an individual greater than 17 incapable of consent. The crime is a Class A misdemeanor. He was sentenced to time served and released without…
As to this second prong, as set forth further herein, the Court finds this provision in the statute is not so punitive as to negate the civil purpose conceived by the Legislature. There is no dispute that SOMTA has both criminal and civil provisions, but each such provision expressly articulates…
An Albany Sex Crimes Lawyer said that, the defendant, was charged on May 6, 2008 with one count of residing within 1,000 feet of real property, in violation of Local Law No. 8 (2006) of the County of Albany, a misdemeanor. By notice of motion filed on August 29, 2008,…
This is a proceeding wherein the defendant, RJ, is a convicted sex offender pursuant to Correction Law § 168-a having pled guilty on 6 April 1994, to one count of Attempted Rape in the First Degree, a lesser-included crime of Count I of the Indictment charging Rape in the First…