Saturday, March 27, 2010

NY - Sex offender law tossed out

Original Article


By Kenneth C. Crowe II

SCHENECTADY -- The sex offender residency law in Schenectady County became the latest to be thrown out by the courts Friday.

State Supreme Court Justice Barry Kramer ruled that it was superseded by state law, said attorney Terence Kindlon of Kindlon Shanks and Associates in Albany.

The state law deals with convicted sex offenders on parole or probation, while the Schenectady County law covered all convicted sex offenders. The county law forbade sex offenders from living within 2,000 feet of a place commonly used by children.

"These laws may become so onerous that they eventually drive sex offenders underground,'' Kindlon said regarding the county laws. "There's no more dangerous situation than that."

This was the fourth successful pro bono case brought by Kindlon's firm on behalf of a sex offender. Kindlon's associate, Kathy Manley, handled the Schenectady case.

County laws were also invalidated by the courts in Albany, Rensselaer and Washington counties.

"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln