Wallace v. State of New York et al

Filing 102

MEMORANDUM & ORDER granting 68 , 69 , 70 , 79 Defendants' Motions to Dismiss the Wallace Complaint (Dkt. No. 5 ). For the reasons stated in this Memorandum & Order, Plaintiffs' ex post facto and other federal con stitutional claims are dismissed with prejudice, and their state law preemption claims are dismissed without prejudice. The Clerk of the Court is directed to enter judgment accordingly. Pursuant to 28 U.S.C. § 1915(a)(3), Plainti ffs may, in good faith, take an appeal from this Memorandum & Order in forma pauperis. Ordered by Judge Pamela K. Chen on 8/28/2014. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Lo, Justin)

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Exhibit B Sex Offender Details Page - NY DCJS http://www.criminaljustice.ny.gov/SomsSUBDirectory/offenderDetails.js... Menu Offender Details Anyone who uses this information to injure, harass or commit a criminal act against any person may be subject to criminal prosecution. Incarcerated Additional Offender Photos Offender Id 36614 Race White Last Name AIELLO Ethnicity Not Hispanic First Name MARCELLO Height 5' 07" Middle Name Weight 170 Hair Gray Eyes Blue YES Risk Level 2 Corr. Lens Designation Designation No Applies Photo Date Jan. 23, 2012 DOB Jan. 24, 1954 Sex Male Current Addresses 1 of 3 8/28/2014 10:33 AM Sex Offender Details Page - NY DCJS http://www.criminaljustice.ny.gov/SomsSUBDirectory/offenderDetails.js... Type RES (Primary) County Erie Address NYS DOCS Collins Correctional Facility Middle Road PO Box 490 Inmate ID: 10R0662 Collins, New York 14034-0490 Law Enforcement Agency Having Jurisdiction NYS DOCCS Central Office-Sex Offender Notifications Current Conviction Title Section PL 130.25 Subsection Class Category Counts 01 E F 1 Date of Crime Feb. 1, 2007 Date Convicted Dec. 23, 2009 Victim Sex/Age Description Rape 3:Victim Incapable Of Consent-Factor Other Than Being <17 Yrs Old Female, 16 Years Arresting Agency Suffolk County Police Department - SOR Unit Offense Descriptions Sexual Intercourse Disseminating Indecent Materials to a Minor Relationship to Victim Non-Stranger Weapon Used No weapon used Force Used Chemical agent Computer Used Yes Pornography Involved Yes Sentence Term: 3 Year(s) State Prison Previous Conviction(s) Requiring Registration None Reported Supervising Agency Information NYS Department of Corrections and Community Supervision Special Conditions 2 of 3 8/28/2014 10:33 AM Sex Offender Details Page - NY DCJS http://www.criminaljustice.ny.gov/SomsSUBDirectory/offenderDetails.js... Abide by case specific sex offender conditions,Drug treatment,Seek, Obtain, Maintain Employment,Not to frequent places selling alcohol primarily for on site consumption,Alcohol treatment,No alcohol,No contact with victim,Submit to substance abuse testing,No contact with children under 18 years of age unless in the company of an adult who is at least 21 years of age and with permission of supervisor,Curfew,No pornographic material,Order of protection,Participate in sex offender treatment program,ESTOP,ANTI AGGRESSION ANTI VIOLENCE COUNSELING,PAROLE POLYGRAPH PROGRAM,GEOGRAPHIC RESTRICTIONS,COMPLY WITH PAROLE,SUPPORT DEPENDENT CHILDREN,NO SEXUALLY ENHANCING DRUGS Maximum Expiration Date/Post Release Supervision Date of Sentence: Jan. 13, 2027 This date was reported at the time of the offender' s current registration. The date and any special conditions listed may be subject to change while the offender is under supervision. Scars, Marks & Tattoos Scar-Back Denture, upper and lower Additional Names/Aliases AIELLO , MARCELLO , M AIELLO , MARCY IAELLO , MARCELLO Current Vehicles None Reported 3 of 3 8/28/2014 10:33 AM

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