A 32-year-old Monsey man will face a sex offender classification hearing next month, after being sentenced Thursday to 10 years’ probation for sexually abusing two young boys.
Shmuel Dym is appealing a guilty plea to two felony sex-abuse charges.
Dym originally accepted a no-jail sentence offered after the family came under pressure from local rabbis and other members of the religious community not to testify, prosecutor Patricia Gunning told the judge during sentencing in the Rockland County Courthouse in New City.
“The parents of the two boys in this case — ages 8 and 9 — urged us to recommend this disposition,” Gunning said of the probationary sentence, “to spare their sons from ... testifying ... and to alleviate the pressure on the family.”
Dym declined to speak during the sentencing or afterward, at his lawyer’s request.
The Hasidic Jewish culture has become an issue in sex-abuse cases across New York City and suburbs like Rockland County, specifically since many Orthodox Jews believe they can’t testify against members of their community and could be ostracized for doing so.
Rockland District Attorney Thomas Zugibe has said the family of the two boys withstood pressure from some leaders in their ultra-Orthodox Jewish community and spoke to Ramapo police and investigators. Other community religious members urged them to cooperate, he said.
Dym pleaded guilty June 14, 2011, to two counts of second-degree course of sexual conduct against a child, a felony, and two counts of endangering the welfare of a child, a misdemeanor.
He admitted in court that he improperly touched an 8-year-old boy between May 2010 and July 2011, and a 6-year-old between September 2010 and July 2011. He was represented by Kenneth Gribetz and Deborah Wolikow Loewenberg.
Dym decided to recant his admissions and wanted a trial. He retained attorneys Thomas Pavlinic of Maryland and Patrick J. Jennings of New Jersey, who contended there might be evidence clearing Dym that he didn’t know about when he pleaded guilty.
Supreme Court Justice William Kelly ruled Dym voluntarily pleaded guilty after being told of his constitutional rights.
Jennings said Thursday that Dym “continues to maintain his innocence.”
Jennings said an appeal would soon be filed with the state Appellate Division.
Dym could be classified as one of three sex-offender levels following a March 11 hearing. A Level 3 means one is considered a high risk to repeat the sexual offense, compared to a moderate risk of Level 2 and low risk of Level 1. BY STEVE LIEBERMAN - Lohud
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