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MATTER OF STATE v. ENRIQUE D.

No. 168

22 N.Y.3d 941 (2013)

978 N.Y.S.2d 95

2013 NY Slip Op 6807

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

Court of Appeals of New York.

Decided October 22, 2013.

Attorney(s) appearing for the Case

Marvin Bernstein , Mental Hygiene Legal Service, New York City ( Sadie Zea Ishee and Diane Temkin of counsel), for appellant.

Eric T. Schneiderman , Attorney General, New York City ( Valerie Figueredo, Steven C. Wu and Barbara D. Underwood of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and a new trial ordered.

Respondent Enrique D. has an extensive history of sex offenses. In July 2009, as Enrique D. neared release from prison, where he had most recently been serving a sentence of 2 to 4 years for attempted sexual abuse in the first degree (Penal Law §§ 130.65, 110.00), petitioner...

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