STATE EX REL. JEROME A. v. PONTE

4344. 100580/16.

151 A.D.3d 613 (2017)

2017 NY Slip Op 05159

54 N.Y.S.3d 292

STATE ex rel. JEROME A., Appellant, v. JOSEPH PONTE, Commissioner, Respondent, and ANTHONY J. ANNUCCI, Respondent.

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

Decided June 22, 2017.


As we held on a prior appeal in a related proceeding, the State met its probable cause burden at the hearing held to determine that issue (see Mental Hygiene Law § 10.06 [g]), and relator's pretrial detention is not unconstitutional (see Matter of State of New York v Jerome A., 137 A.D.3d 557 [1st Dept 2016] [Jerome I]). Petitioner's contention that the State's expert failed to adduce sufficient evidence of a predisposing...

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