1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 160 A.D.3d
  5. 160 A.D.3d 28 (2018)
 

STATE OF NEW YORK v. GEORGE N.

1473 CA 16-01513.

160 A.D.3d 28 (2018)

70 N.Y.S.3d 699

2018 NY Slip Op 00942

In the Matter of STATE OF NEW YORK, Respondent, v. GEORGE N., Appellant.

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

Decided February 9, 2018.

Attorney(s) appearing for the Case

Emmett J. Creahan , Director, Mental Hygiene Legal Service, Buffalo ( Vicky L. Valvo of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Frank Brady of counsel), for respondent.

CENTRA, J.P., PERADOTTO, DEJOSEPH and CURRAN, JJ., concur.

OPINION OF THE COURT

The State may not civilly confine a sex offender in a locked treatment facility unless it proves that he or she has an "inability" to control sexual misconduct (Mental Hygiene Law § 10.03 [e]). The statute means what it says, and the State's proof falls short of that threshold in this case.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases