MATTER OF STATE OF NEW YORK v. DOMENECH

8033, 252260/09.

98 A.D.3d 847 (2012)

950 N.Y.S.2d 379

2012 NY Slip Op 6101

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

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

September 4, 2012.


Appellant sought to call his former girlfriend to testify that, during their relationship, he exercised self-control over his sexual desires. This testimony, appellant asserted, would have been relevant on the issue of whether he suffered from a "mental abnormality" within the meaning of Mental Hygiene Law § 10.03 (i). The court denied the request to call the former girlfriend on the grounds that the proffered testimony was...

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