People v. Diaz

The Court of Appeals held that Defendant’s murder of his thirteen-year-old half-sister in Virginia, an offense for which registration is required under Virginia’s Sex Offender and Crimes Against Minors Registry Act, Va. Code Ann. 9.1-902, did not render Defendant a sex offender for purposes of the New York State Sex Offender Registry Act (SORA), N.Y. Correct. Law 168-a(2)(d)(ii). N.Y. Correct. Law 168 provides that a person convicted of a felony in any other jurisdiction for which the offender is required to register as a sex offender must also register under SORA. Defendant shot and killed his half-sister and was required to register with the Virginia Sex Offender and Crimes Against Minors Registry. Supreme Court determined that when Defendant moved to New York he was required to register under SORA. The Appellate Division reversed and annulled Defendant’s adjudication as a sex offender, concluding that SORA violates Defendant’s substantive due process and equal protection rights. The Court of Appeals affirmed but on other grounds, holding that if a defendant is required to register for a felony committed in a foreign jurisdiction but is not required to do so “as a sex offender,” SORA does not apply. View "People v. Diaz" on Justia Law

Posted in: Criminal Law

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