Opinion
February 10, 1999
Appeal from Order of Cattaraugus County Court, Nenno, J. — Correction Law art. 6-c.
Present — Green, J. P., Pine, Wisner, Pigott, Jr., and Balio, JJ.
Order unanimously reversed on the law without costs, motion dismissed and matter remitted to Cattaraugus County Court for proceedings pursuant to Correction Law article 6-c. Memorandum: County Court exceeded its jurisdiction when it ruled that the Sex Offender Registration Act ([SORA] Correction Law art. 6-c) is unconstitutional as applied to defendant. Defendant should have brought a declaratory judgment action to challenge the constitutionality of the act ( see, Matter of S. V. v. Calabrese, 246 A.D.2d 655, 656, lv denied 91 N.Y.2d 814). In any event, the retroactive application of SORA to sex offenders convicted prior to the act's effective date does not violate the constitutional prohibition against ex post facto laws ( see, People v. Grice, 254 A.D.2d 710; Matter of S.V. v. Calabrese, supra, at 656; Matter of M.G. v. Travis, 236 A.D.2d 163, lv denied 91 N.Y.2d 814; Doe v. Pataki, 120 F.3d 1263, cert. denied 522 U.S. 1122).