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MATTER OF STATE v. FARNSWORTH

387 CA 09-01424.

75 A.D.3d 14 (2010)

900 N.Y.S.2d 548

In the Matter of STATE OF NEW YORK, Respondent, v. DANIEL FARNSWORTH, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 30, 2010.

Attorney(s) appearing for the Case

Emmett J. Creahan , Director, Mental Hygiene Legal Service, Utica ( Margot S. Bennett of counsel), for appellant.

Andrew M. Cuomo , Attorney General, Albany ( Zainab A. Chaudhry of counsel), for respondent.

CENTRA, J.P., FAHEY, CARNI and GREEN, JJ., concur.

OPINION OF THE COURT

PINE, J.

At issue on this appeal is the constitutionality of Mental Hygiene Law article 10 as applied to persons such as respondent who were convicted of certain designated felonies that were sexually motivated and were committed before the effective date of article 10 (§ 10.03 [f], [g] [4]). Because sexual motivation was not an element of the underlying designated felonies, article 10...

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