NEEDED TO REGISTER AS A SEXUALLY VIOLENT OFFENDER
After he was convicted of four counts of felonious sexual assault (in New Hampshire), when G. relocated to New York, the Nassau County Supreme Court designated him a “level one sexually violent offender.”
When he challenged that determination, the Appellate Division, Second Department, thought that the categorization was appropriate given that a "’sexually violent offense’ is defined [under New York State law] to include … a ‘conviction of a felony in any other jurisdiction for which the offender is required to register as a sex offender in the jurisdiction in which the conviction occurred.’”
Given that backdrop, since it was undisputed that G. was convicted of felonies in New Hampshire that required him to register as a sex offender, the AD2 thought that G. was “properly designated a sexually violent offender” here in New York (whether or not any violence was committed as part of the underlying crime).
Now how offensive is that?
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DECISION