Legal Opinion
People v. Diack
Appellate Terms of the Supreme Court of New York
Decided September 5, 2013PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the order is reversed, on the law, defendant’s motion to dismiss the information is denied, and the matter is remitted to the District Court for all further proceedings.
Defendant was convicted in 2001 of possessing an obscene sexual performance (Penal Law § 263.11) and was subsequently classified as a level one sex offender under the Sex Offender Registration Act (SORA) (Correction Law art 6-C). After he had served 22 months in prison and been discharged from parole, defendant moved to a residence located approximately 500 feet from a school.…
2Cases cited7 opinions
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
- DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
- Incorporated Village of Nyack v. Daytop Village, Inc.New York Court of Appeals · 1991
- Chwick v. MulveyAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by3 opinions
- The People v. Michael DiackNew York Court of Appeals · 2015
- Wallace v. StateDistrict Court, E.D. New York · 2014
- People v. KramerMassapequa Park Justice Court · 2014