MATTER OF STATE v. KENNETH W.

15614, 30012/11.

131 A.D.3d 872 (2015)

16 N.Y.S.3d 733

2015 NY Slip Op 06955

In the Matter of STATE OF NEW YORK, Respondent, v. KENNETH W., Appellant.

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

Decided September 29, 2015.


The verdict that respondent suffers from a mental abnormality is based on legally insufficient evidence. Evidence of an independent mental abnormality diagnosis is required to establish a mental abnormality within the meaning of Mental Hygiene Law article 10 (see Matter of State of New York v Donald DD., 24 N.Y.3d 174, 190-191 [2014]). Here, we find that based on the trial evidence, a rational factfinder could not conclude that sexual...

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