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STATE OF NEW YORK v. ROSADO

250294/2008

25 Misc.3d 380 (2009)

889 N.Y.S.2d 369

In the Matter of STATE OF NEW YORK, Petitioner, v. RICHARD ROSADO, Respondent.

Supreme Court, Bronx County.

Decided June 29, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo , Attorney General, White Plains ( Kevin Gagen , John Harford and Elaine Yacyshyn of counsel), for petitioner.

Mental Hygiene Legal Service, Bronx ( Kimberly Tate-Brown of counsel), for respondent.

OPINION OF THE COURT

DINEEN A. RIVIEZZO, J.

Issue Presented

In this proceeding under article 10 of the Mental Hygiene Law, the petitioner, the Attorney General of the State of New York, moves in limine to exclude from the trial evidence any testimony concerning the results of an actuarial risk assessment instrument known as the STATIC-99. The STATIC-99 compares certain historical characteristics of a given sex offender to the characteristics of...

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