MTR OF STATE v. NICHOLAS T.

30130/16.

60 Misc.3d 522 (2018)

78 N.Y.S.3d 650

2018 NY Slip Op 28178

In the Matter of STATE OF NEW YORK, Petitioner, v. NICHOLAS T., Respondent. In the Matter of STATE OF NEW YORK, Petitioner, v. GARY K., Respondent.

Supreme Court, New York County.

Decided June 12, 2018.


Attorney(s) appearing for the Case

Barbara D. Underwood , Acting Attorney General ( Kent B. Sprotbery of counsel), for petitioner in the first and second above-entitled proceedings.

Mental Hygiene Legal Service, First Department ( Kalina Lovell and Jessica Botticelli of counsel), for respondents in the first and second above-entitled proceedings.


OPINION OF THE COURT

The State moves here to reargue this court's prior bench ruling that the diagnosis of "unspecified paraphilic disorder" (USPD) is not generally accepted in the relevant psychiatric community under the Frye standard. (See Frye v United States, 293 F 1013 [DC Cir 1923].) For the reasons...

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