Jenkins v. Hamilton

OPINION OF THE COURT

Lucy Billings, J.

Petitioner has been on parole since May 3, 2012, following his conviction January 22, 1982, and subsequent incarceration for kidnapping in the first degree. When he was convicted in 1982, kidnapping in the first degree was not classified as a sex offense. Even now, kidnapping in the first degree is classified as a sex offense only if the victim is under 17 years old, which petitioner’s victim was not. (Correction Law § 168-a [2] [a] [i]; People v Howard, 27 NY3d 337, 339-340 [2016]; People v Knox, 12 NY3d 60, 65 [2009].) As part of the conditions of his…