People v. Diaz (N.Y. 2018)

People v. Diaz, 118 N.E.3d 201 (N.Y. 2018)

Nature of Case: Defendant was convicted in Virginia of a non-sexual homicide offense, but was nevertheless required to register on Virginia’s sex offense and crime against minor registry. Defendant’s homicide offense had no sexual component. After his release on parole, defendant moved to New York to reside with his family.Under New York law, people who were required to register as sex offenders in other states were also required to register in New York as sex offenders. New York classified defendant was a “level three” sex offender due to the fact that the underlying offense was a homicide offense. Defendant challenged his classification and his requirement to register. Trial court rejected Defendant’s arguments, and appellate court reversed. People then sought review with the New York Court of Appeals.

Holding: New York Court of Appeals affirmed the decision of the appellate court. Defendant did not have to register as a sex offender in New York because he was not registered “as a sex offender” in Virginia.