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MTR OF STATE v. MICHAEL M.

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24 N.Y.3d 649 (2014)

In the Matter of STATE OF NEW YORK, Respondent, v. MICHAEL M., Appellant.

Court of Appeals of New York.

Decided December 17, 2014.

Attorney(s) appearing for the Case

Emmett J. Creahan , Mental Hygiene Legal Service, Fourth Judicial Department, Buffalo ( Margot S. Bennett 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 SMITH, RIVERA and ABDUS-SALAAM concur; Judge READ dissents and votes to affirm for reasons stated in the memorandum at the Appellate Division ( [2013]).

OPINION OF THE COURT

In this Mental Hygiene Law article 10 proceeding, we hold that the evidence was legally insufficient to justify revoking respondent's strict and intensive supervision and treatment and imposing secure confinement. We base our holding on the distinction between...

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