CAL in the Courts

First Department Rules in Client's Favor

4.13.17

On April 13, 2017, the Appellate Division, First Department held that our client FD did not have to register in New York State as a sex offender. Mr. D was convicted in Virginia of murdering his young half-sister and served 25 years in prison. The crime did not involve any sexual motivation or conduct. As a result of the conviction, he was registered on Virginia’s “Sex Offender and Crimes Against Minors Registry.” Upon his release from prison, he moved to New York City to live with his father. The SORA registration statute requires individuals who move to New York to register as sex offenders if they have a felony conviction  that requires them to register as a sex offender in another state.  As recognized by the appellate court, “[u]nder these particular circumstances, requiring defendant to register as a sex offender is not rationally related to the protection of the public from sex offenders, or to any other legitimate governmental purpose, and the application of [the SORA registration law] to defendant violates his rights to substantive due process.” Our client was represented by Abigail Everett and Natasha Chokani.