People v Wall (Carl)

[*1] People v Wall (Carl) 2015 NY Slip Op 51443(U) Decided on September 18, 2015 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 18, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., MARANO and GARGUILO , JJ.
2014-486 S CR

The People of the State of New York, Respondent,

against

Carl Wall, Appellant.

Appeal from a judgment of the District Court of Suffolk County, First District (Karen Kerr, J.), rendered February 5, 2014. The judgment convicted defendant, upon his plea of guilty, of failure of sex offender to notify of overnight location (Code of Suffolk County § 745-35 [C]). The appeal from the judgment of conviction brings up for review so much of an order of the same court dated January 8, 2014 as denied the branch of defendant's motion seeking to dismiss the accusatory instrument on the ground that Code of Suffolk County § 745-35 (C) is preempted by state law.

ORDERED that the judgment of conviction is reversed, on the law, so much of the order dated January 8, 2014 as denied the branch of defendant's motion seeking to dismiss the accusatory instrument on the ground that Code of Suffolk County § 745-35 (C) is preempted by state law is vacated, and that branch of defendant's motion is granted.

For the reasons stated in People v Cooper (___ Misc 3d ____, 2015 NY Slip Op ______ [appeal No. 2014-236 S CR], decided herewith), the judgment of conviction is reversed and the accusatory instrument is dismissed.

Iannacci, J.P., Marano and Garguilo, JJ., concur.

Decision Date: September 18, 2015