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MTR OF STATE v. DENNIS K.

No. 106, 107, 108.

27 N.Y.3d 718 (2016)

In the Matter of STATE OF NEW YORK, Respondent, v. DENNIS K., Appellant. In the Matter of STATE OF NEW YORK, Respondent, v. ANTHONY N., Appellant. In the Matter of STATE OF NEW YORK, Respondent, v. RICHARD TT., Appellant.

Court of Appeals of New York.

Decided July 5, 2016.

Attorney(s) appearing for the Case

Michael D. Neville , Mental Hygiene Legal Service, Mineola ( Timothy M. Riselvato and Dennis B. Feld of counsel), for appellant in the first above-entitled proceeding.

Eric T Schneiderman , Attorney General, New York City ( Karen W. Lin , Barbara D. Underwood and Steven C. Wu of counsel), for respondent in the first above-entitled proceeding.

Davison Law Office, PLLC, Canandaigua ( Mark C. Davison of counsel), for appellant in the second above-entitled proceeding.

Eric T. Schneiderman , Attorney General, Albany ( Jonathan D. Hitsous , Barbara D. Underwood , Andrew Oser and Andrew B. Ayers of counsel), for respondent in the second above-entitled proceeding.

Sheila E. Shea , Mental Hygiene Legal Service, Albany ( Shannon Stockwell of counsel), for appellant in the third above-entitled proceeding.

Eric T. Schneiderman , Attorney General, Albany ( Allyson B. Levine , Barbara D. Underwood and Andrew B. Ayers of counsel), for respondent in the third above-entitled proceeding.

Opinion by Judge PIGOTT. Chief Judge DIFIORE and Judges ABDUS-SALAAM, STEIN and GARCIA concur. Judge RIVERA dissents in an opinion. Judge FAHEY taking no part.

OPINION OF THE COURT

In Matter of State of New York v Donald DD. (24 N.Y.3d 174 [2014]), we held that, in a trial conducted pursuant to Mental Hygiene Law article 10, "evidence that a respondent suffers from antisocial personality disorder [ASPD] cannot be used to support a finding...

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