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)

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

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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
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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

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