People v. Buyund (N.Y. 2021)
Nature of Case: Appellant pleaded guilty to burglary in the first degree as a sexually motivated felony, and was required to register as a sex offender by the trial court. Appellant sought review of this requirement, arguing that because the offense was not specifically included in the offenses for which New York required registration, he did not have to register.
New York Supreme Court, Appellate Division, 2nd Department vacated the trial court’s order requiring Appellant to register. The statute which controlled registration specifically listed offenses that were required, and the offense to which Appellant plead guilty was not included.
Holding: The Court of Appeals reversed the decision of the Appellate Division holding that the statutory question reached by the Appellate Division was not properly preserved.