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MTR OF NEW YORK v. ENRIQUE T

6570

93 A.D.3d 158 (2012)

937 N.Y.S.2d 203

2012 NY Slip Op 476

In the Matter of STATE OF NEW YORK, Appellant, v. ENRIQUE T., Respondent.

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

Decided January 26, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Patrick J. Walsh and Steven C. Wu of counsel), for appellant.

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

TOM, J.P., DEGRASSE, RICHTER and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

In this proceeding in which the New York State Attorney General seeks civil management of a sex offender pursuant to article 10 of the Mental Hygiene Law, we are asked to vacate an order of Supreme Court that unconditionally released the respondent, a convicted sex offender. His release was based on a finding that the pretrial civil detention provisions mandated by Mental Hygiene Law § 10.06 (k) are facially unconstitutional...

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