rd). All of this conduct involving II. would have constituted, at most, a non-registerable misdemeanor if committed in New York instead of Florida. See N.Y. Penal Law § 230.04 (McKinney 2004).4 Because it cannot be proven by "clear and convincing evidence (or indeed, by any credible evidence) that Mr. E

ail to two other persons — attorney Brad Edwards and private investigator Michael Fisten. Accordingly, any privilege has now been obviously waived. See N.Y. Civil Rights Law CRL § 79-h(g) (reporter privilege waived through voluntary disclosure of information). 11. Second, even if the material could some

ted. New York law does not itself deem the underlying conduct of Appellant's registerable Florida conviction to be registerable under New York law. See N.Y. Penal Law § 230.25; Correction Law § 168-a(2). In other words, Appellant's conviction, if secured under New York law rather than Florida law, would