A state judge has found a Monsey sex offender violated
portions of his probation, opening the door for a jail or prison sentence on a
felony charge.
Moishe Turner, 60, failed to notify his probation officer
about a car he was driving and had entered a Viznitz Hasidic girl’s school
which was being used for a wedding on July 25, state Supreme Court Justice
William Kelly found.
Kelly, however, dismissed a probation charge that Turner
violated an order of protection prohibiting him from being within 500 feet of
his victim. Turner was invited to the wedding and the young man was there
helping out, but there was no evidence he came into contact with Turner.
Kelly scheduled sentencing on the probation violations for
Jan. 7. Turner could be jailed or allowed to serve out his 10-year probation.
District Attorney Thomas Zugibe said his office will likely
recommend jail time but no final decision had been made. Prosecutors want jail
time.
Turner’s lawyers, Kenneth Gribetz and Deborah
Wolikow-Loewenberg, will ask Kelly to maintain probation. Gribetz called the
charges technical violations, noting school buildings in the Hasidic community
are used for weddings and Turner didn’t know the young man was at the
celebration.
“We’re hopeful the judge will extend his probation rather
than send this man to prison or jail,” Gribetz said.
Turner was sentenced to 10 years probation on his Jan. 18
guilty plea to second-degree criminal sex act, which could have brought him
seven years in prison. He admitted to having sex with the 14-year-old boy seven
times in July 2011.
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