Per Curiam
Prosecutors appealed from a District Court order granting Diack's motion to dismiss the information. Diack was convicted of possessing an obscene sexual performance, and classified as a level one sex offender under the Sex Offender Registration Act. After serving 22 months and being discharged from parole, he was notified he was in violation of Local Law No. 4-2006 of the County of Nassau, prohibiting registered sex offenders from residing within 1,000 feet of a school. Diack failed to relocate his residence, which was 500 feet from a school, and he was charged with violating the Local Law. He moved to dismiss the information under Criminal Procedure Law §170.30(1) arguing the Local Law was preempted by state law. The district court agreed and granted the motion. Yet, the unanimous panel disagreed and reversed the district court's order, denying Diack's motion to dismiss and remitted the matter. The panel maintained that local governments were better suited to promote the welfare of their citizens by enacting legislation restricting the residency of sex offenders who were no longer on parole, probation, subject to a conditional discharge or sought public assistance. Thus, it held the Local Law was not preempted by state law.
