Court Decision: Sex Offender Registration Act Requirements Vacated

Appellate Division, Second Department: People v. Buyund

Sex Offender Registration Act Requirements Vacated

Mr. Buyund was convicted of first-degree burglary as a sexually motivated felony. As part of the judgment of conviction, he was certified as a sex offender pursuant to the Sex Offender Registration Act (SORA). However, the crime of which he was convicted was not enumerated as a registerable offense that was subject to SORA. After the Court of Appeals determined in a November 2021 decision that the issue was unpreserved, it remitted the case to the Appellate Division to determine whether to reach the issue in the interest of justice. The Appellate Division concluded that the clear and unambiguous language of the Correction Law confirmed that the offense was not included in the list of offenses subject to SORA. As a result, his certification as a sex offender was unlawful and the Court vacated the requirement that he register as a sex offender.

Patricia Pazner & Ava C. Page represented Mr. Buyund