The state Court of Appeals has agreed to decide if local governments can restrict where sex offenders can live, a question that has arisen countless times around the state. At issue is whether the state, by enacting legislation controlling where some sex offenders may reside, has preempted local authority.
People v. Diack arose from Nassau County and a decision last fall by the Appellate Term, Second Department. The court reversed Nassau County District Court Judge Valerie Alexander (See Profile) and upheld a Nassau County ordinance that bars sex offenders from living within 1,000 feet of a school.
