A judge has found the state’s 2005 restrictions on sex offender movement violate constitutional bans on retroactive punishment when applied to a man convicted of sexual abuse in 2002 and effectively banished him from many parts of Brooklyn as a result.
Brooklyn Supreme Court Justice Yvonne Lewis determined that Executive Law §259-c(14)—which forbids sentenced offenders from “knowingly entering into” publicly accessible areas within 1,000 feet of school grounds and other institutions where minors are present—violated the Ex Post Facto Clause of the Constitution in the case of ____ ____, convicted of first-degree sexual abuse of a 17-year-old girl in 2000, when he was 20. Full Article
Excellent decision by the judge! Nice to see “Ex Post Facto” being applied in a constitutional manner.
Here is another link to the story that doesn’t require purchase or subscription:
http://www.newyorklawjournal.com/home/id=1202672385488/Judge-Finds-State-Limits-on-Sex-Offender-Moves-Illegal?mcode=1202617075062&curindex=1
Brooklyn in the house ..!..the NY supreme court..house..Brooklyn ..!….note also NY has had a degree or level or tier of crime at due process time of conviction in the article.
I can’t find a reference to this without having to pay. Is it legit.
I’d love to see the ruling and what they founded it on.
Found this:
http://law.justia.com/cases/new-york/other-courts/2014/2014-ny-slip-op-24285.html
How can this decision help with other situations?