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STATE OF NEW YORK v. SUGGS

30051-09.

31 Misc.3d 1009 (2011)

920 N.Y.S.2d 644

STATE OF NEW YORK, Petitioner, v. JOHN SUGGS, Respondent.

Supreme Court, New York County.

Decided April 18, 2011.

Attorney(s) appearing for the Case

Eric Schneiderman , Attorney General ( Breda Huvane and Joseph Muia of counsel), for petitioner.

Mental Hygiene Legal Service ( Jessica Botticelli and Deborah P. Mantell of counsel), for respondent.

OPINION OF THE COURT

DANIEL P. CONVISER, J.

This decision addresses what the court believes is an issue of first impression under New York State's Sex Offender Management and Treatment Act (SOMTA) (Mental Hygiene Law art 10): May the State, during an article 10 trial, compel the respondent to testify as a witness for the State? This court concludes that the answer is no.

Statement of Facts

The respondent, John Suggs, pleaded guilty in 1968...

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