Opinion
No. 2014–486 S CR.
09-18-2015
The PEOPLE of the State of New York, Respondent, v. Carl WALL, Appellant.
Opinion
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 N.Y. 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.