NY: Unhoused NY sex offenders can’t be convicted for having no address

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Source: courthousenews.com 2/3/23

MANHATTAN — A New York appeals court overturned an unhoused man’s conviction for failing to verify his address every 90 days as requested by the state’s Sex Offender Registration Act. The law is unconstitutional when applied to homeless defendants who lack an address, as it deprives them of due process.

Read the full article and the text of the ruling

 

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It irks me the title states ” court says…can’t be..” but in fact he was convicted of FTR. So the court is compelled to overturn on constitutional grounds(14th) precisely because they can…and will continue to indictments without evidence of wrong doing. In other words the label is enough for the jury to convict. What is interesting is the guy used a self defense argument for why he only used shelter temporarily, because of the threat of the registry database and what info it provides. This is a solid example of how the registry regime reflects penal attitudes of the people.

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Now that, is awesome.

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