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MATTER OF STATE OF NEW YORK v. DANIEL F.

No. 151.

19 N.Y.3d 1086 (2012)

In the Matter of STATE OF NEW YORK, Respondent, v. DANIEL F., Appellant.

Court of Appeals of New York.

Decided October 30, 2012.

Attorney(s) appearing for the Case

Emmett J. Creahan , Mental Hygiene Legal Service, Rochester ( Lisa L. Paine of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Kathleen M. Treasure , Barbara D. Underwood and Andrea Oser of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the order of Supreme Court reinstated.

In this Mental Hygiene Law article 10 proceeding, Supreme Court, after a bench trial, found that respondent is not a dangerous sex offender requiring confinement pursuant to Mental Hygiene Law § 10.11 (d), and ordered his discharge from confinement subject to a regimen of strict and intensive supervision...

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