STATE OF NY v. CLAUDE McC.

2013-09407

122 A.D.3d 65 (2014)

991 N.Y.S.2d 642

2014 NY Slip Op 05885

In the Matter of STATE OF NEW YORK, Appellant, v. CLAUDE McC., Respondent.

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

Decided August 20, 2014.


Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Steven C. Wu and Matthew W. Grieco of counsel), for appellant.

Mental Hygiene Legal Service, Mineola ( Michael D. Neville , Lisa Volpe and Dennis B. Feld of counsel), for respondent.

DICKERSON, J.P., LEVENTHAL and LOTT, JJ., concur.


OPINION OF THE COURT

HALL, J.

On this appeal, we consider whether Claude McC. (hereinafter the respondent) was a "detained sex offender," as defined by Mental Hygiene Law § 10.03 (g) (1), at the time the State of New York commenced this proceeding for the civil management of him pursuant to Mental Hygiene Law article 10. Specifically, we address whether the respondent's conviction of a non-sex offense, which he committed while on postrelease supervision...

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