MATTER OF STATE OF NEW YORK v. JOHN P.

2010-03986.

85 A.D.3d 1189 (2011)

925 N.Y.S.2d 893

2011 NY Slip Op 5717

In the Matter of STATE OF NEW YORK, Respondent, v. JOHN P., Appellant.

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

June 28, 2011.


Ordered that the order and judgment is affirmed, without costs or disbursements.

John P. was a convicted recidivist sex offender. On November 19, 2008, prior to his scheduled release from prison, the State commenced a proceeding pursuant to Mental Hygiene Law article 10 (hereinafter an article 10 proceeding), alleging that he suffered from a mental abnormality requiring civil commitment.

At a nonjury trial, John P.'s counsel sought to preclude testimony or...

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