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STATE OF NEW YORK v. RASHID

No. 205.

16 N.Y.3d 1 (2010)

In the Matter of the STATE OF NEW YORK, Appellant, v. MUSTAFA RASHID, Respondent.

Court of Appeals of New York.

Decided November 23, 2010.

Attorney(s) appearing for the Case

Andrew M. Cuomo , Attorney General, New York City ( Laura R. Johnson , Barbara D. Underwood and Benjamin N. Gutman of counsel), for appellant.

Mental Hygiene Legal Service, First Judicial Department, New York City ( Sadie Zea Ishee , Marvin Bernstein , Diane Goldstein Temkin and Karen Gomes Andresian of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, PIGOTT and JONES concur with Judge READ; Judge GRAFFEO dissents and votes to reverse in a separate opinion in which Judge SMITH concurs in another opinion.

OPINION OF THE COURT

READ, J.

In this appeal, we are called upon to resolve issues of interpretation of article 10 of the Mental Hygiene Law, the key component of the recently enacted Sex Offender Management and Treatment Act (SOMTA) (L 2007, ch 7). We hold that in order to pursue civil management under article 10, the Attorney General must file the required petition against an individual in a court of competent jurisdiction before that individual's release...

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