MATTER OF STATE OF NEW YORK v. JESUS H.

30202/16, 7291, 10253.

176 A.D.3d 646 (2019)

110 N.Y.S.3d 680

2019 NY Slip Op 07858

In the Matter of State of New York, Respondent, v. Jesus H., Appellant.

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

Decided October 31, 2019.


Attorney(s) appearing for the Case

Marvin Bernstein , Mental Hygiene Legal Service, New York ( Diane Goldstein Temkin of counsel), for appellant.

Letitia James , Attorney General, New York ( Philip J. Levitz of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Kern, Singh, JJ.


In 1993, respondent threatened his stepmother with a knife, telling her he planned to rape and kill her. His stepmother pleaded with him not to hurt her. In response, he orally sodomized her, repeatedly punched her in the face, stabbed her in the neck, and lacerated her throat. When his original knife broke, he sought another one in the house, came back, and continued to stab her. When she became unresponsive, respondent hid the knife in the house, washed himself off, and...

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