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MATTER OF STATE OF NEW YORK v. FLOYD Y.

7793, 30061/07, 4067211/07.

102 A.D.3d 80 (2012)

953 N.Y.S.2d 566

2012 NY Slip Op 7386

In the Matter of STATE OF NEW YORK, Respondent, v. FLOYD Y., Appellant.

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

November 8, 2012.

Attorney(s) appearing for the Case

Marvin Bernstein , Mental Hygiene Legal Service, New York City ( Deborah P. Mantell of counsel), for appellant.

Eric T. Schneiderman , Attorney General, New York City ( Matthew W. Grieco and Nancy A. Spiegal of counsel), for respondent.

MAZZARELLI, J.P., CATTERSON, DEGRASSE and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

RICHTER, J.

In 2007, the New York State Legislature passed the Sex Offender Management and Treatment Act, which, among other things, includes article 10 of the Mental Hygiene Law of New York State. Article 10 was created with the stated goals of: the protection of society from recidivist sex offenders, supervision of the offenders, and management of their behavior (Mental Hygiene Law § 10.01). The legislature determined that "some...

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