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MATTER OF STATE v. MYRON P.

No. 206.

20 N.Y.3d 206 (2012)

981 N.E.2d 772

958 N.Y.S.2d 71

2012 NY Slip Op 7859

In the Matter of STATE OF NEW YORK, Respondent, v. MYRON P., Appellant.

Court of Appeals of New York.

Decided November 20, 2012.

Attorney(s) appearing for the Case

Morrison & Foerster LLP, New York City ( Charles L. Kerr , Mark David McPherson , Robert J. Baehr and Natalie R. Ram of the District of Columbia bar, admitted pro hac vice, of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Frank Brady , Barbara D. Underwood , Andrea Oser and Nancy A. Spiegel of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and SMITH concur.

OPINION OF THE COURT

PIGOTT, J.

In this proceeding pursuant to Mental Hygiene Law article 10, respondent, Myron P., contends that he was entitled to a jury trial on the determination of confinement. We hold that he was not and therefore affirm.

On February 13, 2001, respondent was convicted of attempted rape in the first degree and sentenced to six years' imprisonment with 30 months of parole supervision...

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