MATTER OF STATE OF NEW YORK v. DAVID S.

250519/08. Appeal No. 12354-12354A. Case No. 2019-03280.

188 A.D.3d 584 (2020)

136 N.Y.S.3d 242

2020 NY Slip Op 06876

In the Matter of State of New York, Respondent, v. David S., Appellant.

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

Decided November 19, 2020.


Respondent appeals from two orders upholding the jury verdict, finding that he is "a detained sex offender who suffers from a mental abnormality" requiring civil management (Mental Hygiene Law § 10.03[i]). At trial the State called two experts, Drs. Cox and Kirschner, each opining that respondent suffered from a mental abnormality that predisposes respondent to commit sex offenses. Respondent also called two experts, Drs. Ewing and Scroppo, each opining that respondent...

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