People v. Selby

• Decision Date: 23 November 2022
• Docket Number: 2018–04563,Ind. No. 9018/16
• Citation: 210 A.D.3d 1015,178 N.Y.S.3d 579
• Parties: The PEOPLE, etc., respondent, v. Gregory SELBY, appellant.
• Court: New York Supreme Court — Appellate Division

210 A.D.3d 1015
178 N.Y.S.3d 579

The PEOPLE, etc., respondent,
v.
Gregory SELBY, appellant.

2018–04563
Ind. No. 9018/16

Supreme Court, Appellate Division, Second Department, New York.

Submitted—October 21, 2022
November 23, 2022

178 N.Y.S.3d 580

Patricia Pazner, New York, N.Y. (David L. Goodwin of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Mallory Phelps on the brief), for respondent.

CHERYL E. CHAMBERS, J.P., PAUL WOOTEN, JOSEPH A. ZAYAS, LILLIAN WAN, JJ.

DECISION & ORDER

210 A.D.3d 1015

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Deborah A. Dowling, J.), rendered December 5, 2017, convicting him of course of sexual conduct against a child in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

In 2017, the defendant was convicted, upon his plea of guilty, of course of sexual conduct against a child in the second degree

210 A.D.3d 1016

and was sentenced to a 10–year period of probation. The sentence of probation included certain additional conditions of probation for sex offenders, one of which required the defendant to "[r]efrain from contact with any other sex offender(s) except during treatment sessions, or unless prior approval is granted by the Department of Probation." On appeal, the defendant contends that this condition of probation is unconstitutionally vague and overbroad since it operates as a strict-liability provision, potentially subjecting him to a finding that he has violated the terms of his probation based on an incidental contact with a person he did not know to be a sex offender.

"Due process requires that the conditions of supervised release be sufficiently clear to give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he [or she] may act accordingly" ( United...