SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 10, 2011
IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT,
Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered April 30, 2010 in a proceeding pursuant to Mental Hygiene Law article 10. The order committed respondent to a secure treatment facility.
Matter of State of New York v Smith
Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 10, 2011
PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent appeals from an order determining that he is a dangerous sex offender requiring confinement pursuant to Mental Hygiene Law article 10 and committing him to a secure treatment facility. We reject respondent's contention that petitioner failed to establish by clear and convincing evidence at the dispositional hearing that "respondent is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility" (§ 10.07 [f]). We are "[m]indful that Supreme Court was in the best position to evaluate the weight and credibility of the conflicting psychiatric testimony presented . . ., [and] we defer to the court's decision to credit [the testimony of petitioner's] expert" (Matter of State of New York v Pierce, 79 AD3d 1779, 1781, lv denied 16 NY3d 712 [internal quotation marks omitted]; see Matter of State of New York v Motzer, 79 AD3d 1687, 1688).
Entered: June 10, 2011
Patricia L. Morgan Clerk of the Court
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