MATTER OF STATE OF NEW YORK v. MUENCH

CA 08-01301.

85 A.D.3d 1581 (2011)

925 N.Y.S.2d 291

2011 NY Slip Op 4864

In the Matter of STATE OF NEW YORK, Respondent, v. KARL MUENCH, an Inmate in the Custody of New York State Department of Correctional Services, Appellant.

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

Decided June 10, 2011.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and a new trial is granted.

Memorandum: Respondent previously appealed from an order pursuant to Mental Hygiene Law article 10 committing him to a secure treatment facility designated by the Commissioner of Mental Health based upon a jury finding that he is a detained sex offender with a mental abnormality that, inter alia, predisposes him to commit further sex offenses...

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