Kasckarow v. Bd. of Examiners of Sex Offenders of State

• Decision Date: 07 May 2015
• Docket Number: No. 56.,56.
• Citation: 32 N.E.3d 927,2015 N.Y. Slip Op. 03878,10 N.Y.S.3d 492,25 N.Y.3d 1039
• Parties: In the Matter of Daniel KASCKAROW, Appellant, v. BOARD OF EXAMINERS OF SEX OFFENDERS OF STATE OF NEW YORK, Respondent.
• Court: New York Court of Appeals Court of Appeals

25 N.Y.3d 1039
32 N.E.3d 927
10 N.Y.S.3d 492
2015 N.Y. Slip Op. 03878

In the Matter of Daniel KASCKAROW, Appellant
v.
BOARD OF EXAMINERS OF SEX OFFENDERS OF STATE OF NEW YORK, Respondent.

No. 56.

Court of Appeals of New York.

May 7, 2015.

Lynn W.L. Fahey, Appellate Advocates, New York City (Anna Pervukhin of counsel), for appellant.

Eric T. Schneiderman, Attorney General, New York City (Claude S. Platton, Barbara D. Underwood and Cecelia C. Chang of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM .

32 N.E.3d 928

The order of the Appellate Division should be affirmed, without costs.

In 1998, petitioner Daniel Kasckarow was charged in Florida with the felony offense of indecent assault for committing an act of sexual battery on a child under the age of 16 (see

Fla. Stat. §§ 794.011 [1][h]; former 800.04 [3] ). Petitioner, who contends he was 18 years old at the time of the offense and engaged in consensual sex with a 15–year–old high school classmate,^* entered a plea of nolo contendere to the charge. The Florida court withheld adjudication, entering an order of supervision and placing petitioner on “sex offender probation” for four years. In 2001, he was granted early termination, but was still required to register under Florida's sex offender registration laws for the rest of his life (see Fla. Stat. § 943.0435 [1][a] [1][a][I]; [11] ).

Petitioner subsequently notified New York authorities of his status as a sex offender in Florida, and of his intent to move to New York (Correction Law § 168–k [1 ] ). The Board of Examiners of Sex Offenders determined that petitioner was required to register in New York under the Sex Offender Registration Act (SORA) because he had been convicted of a sex offense within the meaning of Correction Law § 168–a. As relevant here, SORA defines a “sex offender” as “any person who is convicted” of a “sex offense” (Correction Law § 168–a [1 ], [2] ), and a “sex offense” includes “a conviction of ... a felony in any other jurisdiction for which

32 N.E.3d 929

the offender is required to register as a sex offender in the jurisdiction in which the...