Articles Posted in Sex Crimes

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A New York Criminal Lawyer said this is a proceeding wherein the defendant who pleads guilty to Rape in the Third Degree under Penal Law § 130.25 by way of an Alford-Serrano 2 plea, notwithstanding his claims of innocence, is convicted of a felony. As a result, he is subject to the collateral consequences of that conviction to include being classified under the Sex Offender Registration Act and being subject to take an HIV test upon the request of the victim.

In 2004, the defendant was indicted in a twenty-eight count indictment charging that he engaged in sexual relations with his 15 year old daughter, during a three month period.

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This is a proceeding wherein the State of New York moves to establish probable cause to believe that O.V. is a “sex offender requiring civil management” pursuant to Mental Hygiene Law article 10, § 10.06 (k).

O.V. opposes the motion.

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Respondents filed a cross motion to dismiss petitioner’s Article 78 petition. Petitioner filed an Article 78 petition to vacate the determination by respondents that he is a “sex offender,” as defined by Correction Law § 168-a (2) and directing that petitioner be removed from the sex offender registry.

A New York Sex Crimes attorney said that Petitioner is currently a prisoner incarcerated at Five Points Correctional Facility, which is located in Seneca County. He is serving a five-year sentence based on his conviction by his plea of guilty to robbery. Thereafter, petitioner was arrested in the State of Washington and charged with the crimes of rape and kidnaping in the first degree. The arrest report designates the ages of the victims as 16 and 17. Petitioner entered into an “Alford” plea to two counts of unlawful imprisonment. Petitioner was sentenced to eight months of prison time for each count, plus a year of community supervision.

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In 1994, the petitioner entered a guilty plea as charged in an indictment to first degree aggravated sexual assault of a child, a felony stemming from charges he subjected a 10-year-old relative to sexual contact on several occasions. The court, acting in its discretion under the Code of Criminal Procedure, imposed a deferred adjudication of guilt, suspended imposition of a prison sentence, and placed the petitioner under the maximum 10-year term of community supervision, akin to probation, with 26 terms and conditions, and community service. As a result of the plea, he is required to annually register as a sex offender, for life.

After the petitioner moved to New York, the respondent Board of Examiners of Sex Offenders notified him by letter that he was required to register in New York under the Sex Offender Registration Act based upon that his Texas felony sex offense for which he was required to register as a sex offender in that jurisdiction. Additionally, the respondent Division of Criminal Justice Services notified him by letter that he was also required to register any Internet accounts (with service providers) belonging to him and any e-mail addresses and screen names used by him for Internet chats, social networking or instant messaging. In June 2008, the Board completed a risk level assessment of the petitioner, and made a risk level recommendation to the court in New York County, the county of the petitioner’s residence.

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A Kings Criminal Lawyer said that, defendant moves pursuant to CPL 440.10 to vacate his judgment of conviction on the grounds that, unbeknownst to Defendant, the complainant had recanted her accusation both to the court and the district attorney’s office prior to the entry of Defendant’s plea of guilty, and the prosecutor’s failure to disclose this information constituted a Brady violation; that such recantation constitutes newly discovered evidence warranting vacatur of the conviction; that Defendant’s plea of guilty was involuntary because he was not aware that he would be required to register as a sex offender; and that his counsel was ineffective in that he prevented the judge at arraignment from dismissing the charges.

A Kings Sex Crimes Lawyer said that, in their affirmation in opposition to Defendant’s motion to vacate judgment, the People assert that in preparing their response to the motion, they learned that the files of the District Attorney’s office pertaining to this case have been destroyed and that the court file has been lost and is therefore unavailable. The People were, however, able to obtain the pre-sentence report. The People’s affirmation is based on information from records and files of the New York State Division of Parole, the New York City Police Department, the Florida Sex Offender Registry, the United States Attorney’s Office for the Southern District of Florida, and upon conversations with individuals from the U.S. Attorney’s office, the NYS Office of Sex Offender Management and the NYS Department of Correctional Services.

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A man, who is an inmate at the correctional facility, is challenging his opponents about their failure to place him in a sex offender counseling and treatment program. The court then issued an order to show cause, and has received and reviewed the opponent’s answer and return, as well as the man’s reply.

In response to its letter order, the court has also received and reviewed an additional set of exhibits, submitted on behalf of the man’s opponents.

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The defendant was a remedial math teacher at Glenwood Elementary School in Vestal, New York at the time of the alleged criminal incidents. Official concern about his classroom conduct was aroused when the younger brother of one of defendant’s former pupils, MM, told his mother that he had heard about a teacher who puts his hands down boys’ pants. When questioned by his mother, he confirmed that he had been fondled by defendant and that defendant had put his hands down other boys’ pants as well.

Thereafter, Mrs. L. sought to confirm the allegation by contacting the mother of another boy, JJ, who had been in defendant’s class with MM. The next morning, MM and JJ discussed the matter on the school bus for rumors about defendant’s misconduct had already spread to the school and reached the principal’s office by the time Mrs. L. contacted him. Within a few weeks, the police became involved and launched a wider investigation into defendant’s conduct. Within a three-week period, the police had obtained inculpatory evidence from eight boys, all of whom were defendant’s students.

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Respondent now moves to dismiss this action (for civil management pursuant to New York Mental Hygiene Law Section 10.06(a)), “based upon the constitutionally flawed structure of Article 10 and its flawed application to Respondent.”

A New York Sex Crime Lawyer said that, on March 14, 2007, former Governor Spitzer signed the Sex Offender Management and Treatment Act (“SOMTA”) (thereby adding Article 10 of the New York Mental Hygiene Law (“MHL”), creating a new legal mechanism to address the problem of managing repeat sexual offenders. Although New York already had a statute addressing the involuntary commitment of those determined to be “mentally ill”, the New York Legislature found that “recidivistic sex offenders pose a danger to society that should be addressed through comprehensive programs of treatment and management.” In extreme cases (i.e., those involving the most dangerous recidivistic sex offenders), the Legislature determined that confinement would be extended by civil process, in order to provide these individuals with such treatment and to protect the public from their recidivist conduct. It is beyond cavil that individuals who are mentally ill and dangerous, and predisposed to committing sexual offenses, pose serious risks to our communities. Nevertheless, in the case of confinement, due process “requires that the nature and duration of commitment bear some reasonable relation to the purpose for which the individual is committed.”

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A man pleaded guilty in the United States District Court to an indictment charging a federal class C felony, carrying a potential punishment of more than one-year imprisonment. The indictment charged that he attempted to purchase videotapes depicting child pornography. The underlying facts indicate that the man, using a computer, ordered tapes which depicted sex acts involving children ages 5, 6 and 14 years old.

Based upon such conviction, the New York State Board of Examiners of Sex Offenders, acting pursuant to the New York Sex Offender Registration Act (SORA), Correction Law, determined that the man was required to register in New York State as a sex offender, and so notified him. The man has challenged the applicability of SORA to him on the ground that the federal conviction does not include all of the essential elements of the applicable designated felony as set forth in SORA.

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