EFTA00597949.pdf

To be Argued By: JAY P. LEFKOWITZ New York County Clerk's Index No. 30129/2010 Nein 'Unfit $upteute Court APPELLATE DIVISION-FIRST DEPARTMENT she PEOPLE OF THE STATE OF NEW YORK, —against— JEFFREY E. EPSTEIN, Respondent, Defendant-Appellant. BRIEF FOR DEFENDANT-APPELLANT JAY P. LEFKOWITZ SANDRA LYNN MUSUMECI KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022 (212)446-4800 Attorneys for Defendant-Appellant REPRODUCED ON RECYCLED PAPER EFTA00597949 SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NEW YORK PEOPLE OF THE STATE OF NEW YORK, Plaintiff-Respondent, -against- JEFFREY E. EPSTEIN, Defendant-Appellant. Index No.: 30129-2010 PRE-ARGUMENT STATEMENT 1. TITLE OF ACTION: As set forth in caption. 2. FULL NAMES OF ORIGINAL PARTIES AND ANY CHANGE IN THE PARTIES: As set forth in caption. There has been no change in the parties. 3. NAME, ADDRESS, AND TELEPHONE NUMBER OF COUNSEL FOR APPELLANT OR PETITIONER: Jay P. Lefkowitz, Sandra Lynn Musumeci KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022-4611 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 4. NAME, ADDRESS, AND TELEPHONE NUMBER OF COUNSEL FOR RESPONDENT: Cyrus R. Vance, Jr. NEW YORK DISTRICT ATTORNEY'S OFFICE One Hogan Place New York, NY 10013 Telephone: (212) 335-9000 5. COURT AND COUNTY, OR ADMINISTRATIVE BODY, FROM WHICH APPEAL IS TAKEN: New York Supreme Court (Criminal Term), New York County. 6. THE NATURE AND OBJECT OF THE CAUSE OF ACTION OR SPECIAL PROCEEDING: Sex Offender Registration Act (SORA) hearing, pursuant to Article 6-C of the Correction Law. 7. RESULT REACHED IN THE COURT OF ADMINISTRATIVE BODY BELOW: Supreme Court, New York County, adjudged appellant Jeffrey E. Epstein to be a Level 3 sexual offender, without additional designation. 8. GROUNDS FOR SEEKING REVERSAL, ANNULMENT, OR MODIFICATION: The Court's designation of appellant Jeffrey E. Epstein as a Level 3 sexual offender was an abuse of EFTA00597950 discretion and constituted reversible legal error based, in part, on the following: (1) the Court improperly relied on untrustworthy double and triple hearsay contained in the recommendation of the Board of Examiners of Sex Offenders, even though the District Attorney, as the party appearing on behalf of the State, rejected much of the Board's recommendation as not constituting clear and convincing evidence to support a Level 3 designation where such hearsay allegations were rejected as a basis for state prosecution; (2) the Court failed to provide the parties with an opportunity to present evidence on contested issues, as required by statute, and instead relied wholesale upon the recommendation of the Board, over the objection of the District Attorney, without any inquiry; (3) the Court did not apply the guidelines established by the Board, as required by statute; and (4) the Court failed to set forth the findings of fact and conclusions of law on which its determinations in support of a Level 3 designation were based, as required by statute. 9. THERE IS NO RELATED ACTION OR PROCEEDING NOW PENDING IN ANY COURT OF THIS OR ANY OTHER JURISDICTION. 10. THERE IS NO ADDITIONAL APPEAL PENDING IN THIS ACTION. Dated: February 9, 2011 r . Leflcowitz, P.C. dra Lynn Musumeci KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022-4611 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 Attorneys for Defendant-Appellant Jeffrey E. Esptein. -2- EFTA00597951 RECORD r-1-7 PRESS Decades of Experience l; ‘z;iCutting Edge Technology Einat tau 229 West 36th Street, New York. M. 10018 • Tel: (212) 6194949 • Fax: (212) 608.3141 28828 STATE OF NEW YORK, SS: COUNTY OF NEW YORK AFFIDAVIT OF SERVICE Daniel Vinci being duly sworn, deposes and says that deponent is not party to the action, and is over 18 years of age. That on the 22nd day of February 2011 deponent served 2 copies of the within BRIEF FOR DEFENDANT-APPELLANT upon the attorneys at the addresses below, and by the following method: BY HAND DELIVERY AND ELECTRONIC MAIL Cyrus R. Vance, Jr. New York County District Attorney's Office One Hogan Place New York, New York 10013 (212) 335-9000 danyappeals@dany.gov Attorneys for Respondent /s/ Ramiro A. Honeywell Sworn to me this February 22, 2011 RAMIRO A. HONEYWELL Notary Public. State of New York No. 01H06116731 Qualified in Kings County Commission Expires November 15. 2012 /s/ Daniel Vinci Case Name: People v. Epstein EFTA00597952