PEOPLE v. DIACK

No. 1.

24 N.Y.3d 674 (2015)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DIACK, Appellant.

Court of Appeals of New York.

Decided February 17, 2015.


Attorney(s) appearing for the Case

Kindlon Shanks and Associates, Albany ( Kathy Manley , of counsel), for appellant.

Lynn, Gartner, Dunne & Covello, LLP, Mineola ( Kenneth L. Gartner , Joseph Covello and Tiffany D. Frigenti of counsel), and Carnell T. Foskey , County Attorney, Mineola, for respondent.

New York Civil Liberties Union Foundation, New York City ( Dana B. Wolfe , Mariko Hirose , Corey Stoughton , Amol Sinha , Jason Starr and Christopher Dunn of counsel), for New York Civil Liberties Union, amicus curiae.

Chief Judge LIPPMAN and Judges READ, RIVERA and ABDUS-SALAAM concur; Judges STEIN and FAHEY taking no part.


OPINION OF THE COURT

In 2006, Nassau County enacted Local Law No. 4-2006 (Local Law 4), which, as relevant here, prohibits registered sex offenders from residing within 1,000 feet of a school. In recent years, dozens of municipalities in this state have enacted similar laws that prohibit...

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