Legal Opinion

Dewine v. State of New York Board of Examiners of Sex Offenders

Appellate Division of the Supreme Court of the State of New York

Decided September 30, 2011PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Peradotto, J.

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that he is a sex offender subject to registration pursuant to the Sex Offender Registration Act (SORA) (Correction Law § 168 et seq.). Supreme Court granted the petition and annulled the determination, concluding that petitioner was not subject to SORA’s registration requirements. We agree with respondent that petitioner, who was on probation in Wyoming for “ ‘[s]ex offense [s]’ ” within the meaning of Correction Law § 168-a (2) (d) (i) on the effective date of SORA, is…

2Cases cited6 opinions

  1. North v. Board of ExaminersNew York Court of Appeals · 2007
  2. People v. KennedyNew York Court of Appeals · 2006
  3. People v. McGarghanAppellate Division of the Supreme Court of the State of New York · 2011
  4. Smith v. DevaneAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. CareyAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by7 opinions

  1. People v. BlueAppellate Division of the Supreme Court of the State of New York · 2020
  2. Morris v. New York State Department of Corrections & Community SupervisionNew York Supreme Court · 2013
  3. People v. TolbertAppellate Division of the Supreme Court of the State of New York · 2024
  4. People v. TolbertAppellate Division of the Supreme Court of the State of New York · 2024
  5. People v. Ivybrooke Equity Enters., LLCAppellate Division of the Supreme Court of the State of New York · 2019

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