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STATE OF N.Y. v. SHANNON S.

No. 172.

20 N.Y.3d 99 (2012)

980 N.E.2d 510

956 N.Y.S.2d 462

2012 NY Slip Op 7228

In the Matter of STATE OF NEW YORK, Respondent, v. SHANNON S., Appellant.

Court of Appeals of New York.

Decided October 30, 2012.

Attorney(s) appearing for the Case

Davison Law Office, PLLC, Canandaigua ( Mark C. Davison of counsel), for appellant.

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

Judges CIPARICK, GRAFFEO and READ concur with Judge JONES; Judge SMITH dissents in a separate opinion in which Chief Judge LIPPMAN and Judge PIGOTT concur.

OPINION OF THE COURT

JONES, J.

The primary issue on this appeal is whether there was legally sufficient evidence to support the finding that respondent Shannon S. suffers from a mental abnormality as defined under article 10 of the Mental Hygiene Law. On the particular facts of this case, we hold there was.

Respondent has an extensive criminal record which includes various sexual offenses involving...

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