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STATE OF NEW YORK v. NELSON

30044/2010.

30 Misc.3d 715 (2010)

911 N.Y.S.2d 594

STATE OF NEW YORK, Petitioner, v. HAROLD NELSON, Respondent.

Supreme Court, New York County.

November 16, 2010.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service ( Marvin Bernstein and Sadie Zea Ishee of counsel), for respondent.

Andrew M. Cuomo , Attorney General ( Cheryl A. Henderson of counsel), for petitioner.

OPINION OF THE COURT

DANIEL CONVISER, J.

The respondent is the subject of a petition for sex offender civil management pursuant to the Sex Offender Management and Treatment Act (SOMTA) (Mental Hygiene Law art 10, as added by L 2007, ch 7 [eff Apr. 13, 2007]). He moves here to dismiss the petition on the basis that certain provisions of the statute as applied to him are violative of the United States and New York State Constitutions. For the reasons stated...

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