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MATTER OF STATE v. FLOYD Y.

No. 102.

30 N.Y.3d 963 (2017)

2017 NY Slip Op 07381

In the Matter of STATE OF NEW YORK, Respondent, v. FLOYD Y., Appellant.

Court of Appeals of New York.

Decided October 24, 2017.

Attorney(s) appearing for the Case

Marvin Bernstein , Mental Hygiene Legal Service, First Department, New York City ( Alexandra H. Keeling , Maura M. Klugman and Sadie Zea Ishee of counsel), for appellant.

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

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and FEINMAN concur; Judge WILSON dissents in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, without costs.

Considering the evidence "in the light most favorable to the State" (Matter of State of New York v John S., 23 N.Y.3d 326, 348 [2014]), as we must, the evidence at respondent's retrial (see Matter of State of New York v Floyd Y.,

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