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The defendant is a New York State Assemblyman and a chairman of the Executive Committee of the Kings County Democratic Party (KCDC). As an Assemblyman he routinely traveled from Brooklyn to Albany and back on New York State Assembly business, and as chairman of the KCDC, he was provided with a car and a credit card by which the KCDC paid all of his car-related expenses, including gas, oil and routine maintenance. Thus, the defendant submitted vouchers by which he sought and received a mileage allowance for the miles he had driven to and from Albany.

The defendant was later indicted by the grand jury of Kings County and charged with one count of grand larceny in the third degree (Penal Law § 155.35) and 76 counts of offering a false instrument for filing in the first degree (Penal Law § 175.35).

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This is an appeal from the order of the District Court of Nassau County, First District, entered November 14, 2003, deemed from a supplemental order of the same court entered July 20, 2010. The order, following a hearing, designated defendant a level three sex offender pursuant to Correction Law article 6-C.

A Lawyer said that, defendant pleaded guilty to sex abuse in the second degree (Penal Law § 130.60 [2]) and endangering the welfare of a child (Penal Law § 260.10). At a hearing held pursuant to the Sex Offender Registration Act (SORA) Correction Law § 168-n, the People submitted clear and convincing evidence of defendant’s out-of-state felony conviction of a sex crime under Maryland Annotated Code, article 27, § 464B. The People also submitted an assessment instrument prepared by the Board of Examiners of Sex Offenders recommending that defendant be designated a level three sex offender based upon the automatic override factor of an out-of-state felony conviction. The District Court adopted the Board’s recommendation and designated defendant a level three sex offender.

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This is a case for multiple sex crimes which the defendant has inflicted against a two year old child. Before the defendant was released from incarceration, she was evaluated by the Board of Examines or Sex Offenders and was found to be a low-risk level. However, in the case summary prepared by the same board, the defendant was found to be, by various other reasons, a level 3 sex offender or “high risk”.

The recommendations was consented by the defendant and a “risk level assessment” hearing was conducted. The result of the proceeding includes: the court said that it will not deviate from the report given by the Board of Examiners even if the court is endowed with the power to exercise its discretion. The Court said that the departure from the report will be the exception and not the general rule.

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The defendant was convicted on July 26, 2004 of sexual abuse in the first degree, a class D violent felony sex crime under Penal Law § 130.65 (1). A Lawyer said that, on November 24, 2008 a hearing was held to determine the defendant’s risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]). The County Court designated the defendant a level three sex offender based on a presumptive override for a prior felony conviction of a sex crime. A source said that defendant appealed from the order of the County Court, Nassau County, rendered November 24, 2008, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

The issue in this case is whether the County Clerk erred in designating defendant as level three sex offender.

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Petitioner, a prison inmate, demanded the production of certain records under the Freedom of Information Law (FOIL) (Public Officers Law §§ 84-90). The documents relate to an investigation conducted by Respondent New York City Police Department (NYPD) into a sex crime that led to petitioner’s arrest and conviction. The Crime Lawyer said that the NYPD Records Access Officer denied, in part, the request. Petitioner then commenced this Article 78 proceeding to compel production in accordance with his request. Subsequently, sources said that the Court held that the NYPD had not established an exception from FOIL’S disclosure requirements for all documents and ordered an in camera inspection of the documents as to which an exemption was claimed. The records responsive to his Freedom of Information Law (FOIL) request consist of an Aided Report, five Complaint Follow-up Reports and a Latent Print Evaluation/Comparison Report. On April 30, 2009, the NYPD submitted those documents for an in camera inspection pursuant to the Court’s Order and Decision filed on April 1, 2009.

The issue in this case is whether respondent has met its burden of proving exemption for the repots requested by the petitioner concerning his rape case.

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In 1979 P.H. was a parking lot attendant in a lot across the street from a New Jersey hospital. The nurses from the hospital used the lot to park as they came and went from work. Sometimes the helpful parking attendant would escort them to their cars. Until one of them noticed that he was masturbating behind his coat as he escorted her. She reported the incident and P.H. was arrested. He later admitted that his situation had begun by looking up the nurse’s skirts as they got in and out of their cars. He was charged with public lewdness. His first and only real girlfriend came to see him in jail, but he was too embarrassed by his actions to see her. He later said that he never saw that girl again and never dated anyone else.

In 1980, P.H. was caught masturbating in a public library in New Jersey. He later admitted that he had been to several different libraries over the previous nine-month period. Each time, he would see a woman whom he found attractive. He stated that he would become fixated with her and masturbate behind his coat or other article of clothing while he watched her. He stated that he would do this about two times a week. He told his state appointed psychiatrist, Dr. Erika Frances, that he preferred the aisles in a library because they provided him with a more private location.

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It was a spring night in 1995 when Scott R. Nailor’s wife left the house to take care of his terminally ill stepfather. Alone in the house with his twelve year old stepdaughter, Mr. Nailor took the child by the hand and led her into a back bedroom. He told her that if she did not do what he told her to do that he would hurt her mother. He then forced the girl to the floor, grabbed her head and forced her to perform oral sex on him.

After this initial night, Mr. Nailor forced his stepdaughter to perform oral sex on him two more times on different nights in the spring of 1995 while his wife was tending to his terminally ill stepfather. Each time, he took the child forcibly by her hand, led her in to the back bedroom, and forced her head to his penis. Then one night, Mr. Nailor had additional inappropriate sexual contact with the girl. The court documents are unclear about the exact nature of this additional sexual contact, only to state that it was inappropriate. All of these incidents took place in the spring of 1995.

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In March of 2007, the Columbia county Department of Social Services was called to a home in Columbia County, New York where a domestic violence assault had occurred. They were called to take custody of the infant child who was at that residence. He had been present in the room when the assault occurred.

The father was arrested and charged with the offenses and sentenced to a jail term. When he was released, the court ordered that he not have any contact with his wife or the infant child.

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September 29, 2011, the Appellate Division of the Supreme Court of the State of New York heard an appeal of the mother of three children who was charged with neglecting them by committing acts of domestic violence against their father. The court found that the mother had committed the acts of domestic violence and two of the three children were already released into their father’s care. The father has taken numerous steps to ensure that he provides a stable and loving home for his children. He requests from the court that he be allowed to relocate to Pennsylvania to raise his children in his sister’s home away from the stigma of domestic violence that they are currently living in.

The Pennsylvania Administration for Children’s Services found that the sister’s home was a safe environment for the children and New York County Family Court gave their permission for all of the children to be relocated to their father’s care and allowed to move out of state to Pennsylvania.

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On October 1993, Dwayne J, also known as Tyrone Mc, was charged with first degree robbery, first degree criminal use of a firearm, and second degree criminal possession of a weapon. He was accused of robbing a Cumberland Farms store in the City of Kingston, Ulster County. He was found guilty on all counts by the County Court.

This was what happened. On August 23, 1993, the Broadway Grocery store in Kingston was robbed by two men. On August 25, 1993, a Cumberland Farms store was also robbed by two men. During both robberies, one man would point a gun at the clerk while the other man would take the money in the cash register.

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