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MATTER OF STATE OF NEW YORK v. JOSEPH R.

1007 CA 19-01103.

189 A.D.3d 2126 (2020)

134 N.Y.S.3d 864

2020 NY Slip Op 07781

In the Matter of the State of New York, Respondent, v. Joseph R., an Inmate in the Custody of New York State Department of Corrections and Community Supervision, Appellant, for Civil Management under Article 10 of the Mental Hygiene Law.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

THE SAGE LAW FIRM GROUP PLLC, BUFFALO ( KATHRYN FRIEDMAN OF COUNSEL), FOR RESPONDENT-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( FRANK BRADY OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present— Carni, J.P., Lindley, Curran, Winslow and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order pursuant to Mental Hygiene Law article 10 determining, following a nonjury trial, that he is a dangerous sex offender requiring confinement (see § 10.03[e]) and committing him to a secure treatment facility. We affirm.

Respondent contends that his due process rights were

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