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In re State

Supreme Court of New York, Second Department

September 18, 2013

In the Matter of State of New York, respondent,
v.
Terry P. (Anonymous), appellant. Index No. 13834/10

Mental Hygiene Legal Service, Mineola, N.Y. (Lesley DeLia, Timothy M. Riselvato, and Dennis B. Feld of counsel), for appellant.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Steven C. Wu and Valerie Figueredo of counsel), for respondent.

DANIEL D. ANGIOLILLO, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

In a proceeding pursuant to Mental Hygiene Law article 10 for the civil management of Terry P., a sex offender allegedly requiring civil management, Terry P. appeals from an order of the Supreme Court, Queens County (Latella, J.), dated March 13, 2012, which, upon a finding that he suffers from a "mental abnormality" as defined in Mental Hygiene Law § 10.03(i), made after a nonjury trial, and upon a determination, made after a dispositional hearing, that he is currently a dangerous sex offender requiring confinement, granted the petition.

ORDERED that the order is affirmed, without costs or disbursements.

The State of New York commenced this proceeding pursuant to Mental Hygiene Law article 10 seeking civil management of the appellant. Following a nonjury trial, the Supreme Court found that the appellant suffers from a mental abnormality within the meaning of Mental Hygiene Law § 10.03(i). In addition, after a dispositional hearing, the Supreme Court determined that the appellant is a dangerous sex offender requiring confinement.

The Supreme Court's determination that the State demonstrated, by clear and convincing evidence, that the appellant suffers from a "mental abnormality" within the meaning of to Mental Hygiene Law § 10.03(i) was warranted by the facts (see Matter of State of New York v Kenneth T., 106 A.D.3d 829, lv granted ___N.Y.3d___, 2013 NY Slip Op 83667 [2013] ; Matter of State of New York v Robert B., 106 A.D.3d 828).

In addition, clear and convincing evidence supports the Supreme Court's finding that the appellant is a dangerous sex offender requiring confinement (see Matter of State of New York v Kenneth T., 106 A.D.3d 829 ; Matter of State of New York v Robert B., 106 A.D.3d 828; Matter of State of New York v Brusso, 105 A.D.3d 1435; Matter of State of New York v Alfredo M., 96 A.D.3d 1068; Matter of State of New York v Jemal M., 91 A.D.3d 961).

ANGIOLILLO, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.


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