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MATTER OF STATE OF NEW YORK v. KENNETH

529584.

193 A.D.3d 1229 (2021)

142 N.Y.S.3d 439

2021 NY Slip Op 02335

In the Matter of State of New York, Respondent, v. Kenneth II., Appellant.

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

Decided April 15, 2021.

Attorney(s) appearing for the Case

Adam H. Van Buskirk , Auburn, for appellant.

Letitia James , Attorney General, Albany ( Jonathan D. Hitsous of counsel), for respondent.

Garry, P.J., Egan Jr., Aarons and Colangelo, JJ., concur.

This Court previously withheld decision with respect to this appeal and remitted the matter to Supreme Court for a posttrial Frye hearing (190 A.D.3d 33, 48 [2020]). Before such hearing could be held, Oneida County Court (Amoroso, J.) conducted an annual review proceeding and, in February 2021, determined that respondent does not currently suffer from a mental abnormality. Accordingly, respondent was released from civil confinement...

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