Matter of State of New York v. I.M.
This text of 123 A.D.3d 464 (Matter of State of New York v. I.M.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order, Supreme Court, New York County (Cassandra M. Mullen, J.), entered on or about September 20, 2013, which, upon a jury verdict that respondent is a detained sex offender who suffers from a mental abnormality, directed that respondent be committed to a secure treatment facility, unanimously reversed, on the law, without costs, and the petition dismissed.
“[A] civil commitment under Mental Hygiene Law article 10 may [not] be based solely on a diagnosis of ASPD [anti-social personality disorder], together with evidence of sexual crimes” (Matter of State of New York v Donald DD., 24 NY3d 174 [2014]). Since ASPD is the sole diagnosis underlying the jury’s finding of mental abnormality (Mental Hygiene Law § 10.03 [i]), the verdict is not supported by legally sufficient evidence, and the petition must be dismissed.
Motion to amend caption granted.
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Cite This Page — Counsel Stack
123 A.D.3d 464, 996 N.Y.S.2d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-state-of-new-york-v-im-nyappdiv-2014.