People ex rel Negron v. Superintendent, 170 A.3d 12 (N.Y. App. Div. 3rd 2019)
Nature of Case: Petitioner was convicted of a sex offense in 1994, and was classified as a level three sex offender as a result. He was subsequently twice convicted of attempted burglary, and on his third conviction received a lengthy custodial sentence. At the conclusion of this sentence, state authorities deemed him to be subject to New York’s Sexual Assault Reform Act (SARA) law which imposed (inter alia) housing banishment zones. SARA, in turn, prevented petitioner from being released for want of housing. Petitioner brought a declaratory action seeking to have him relieved of having to comply with release-related SARA restrictions since he was not serving a sentence for a sex offense. Trial court denied requested relief, and Petitioner sought review.
Holding: New York Supreme Court, Appellate Division, Third Department held that Petitioner was not subject to SARA-related release restrictions on his housing, as he was not serving a sentence for an enumerated offense to which SARA applied.
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