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MATTER OF CLARENCE H. v. STATE OF NEW YORK

224 CA 20-00485.

195 A.D.3d 1532 (2021)

145 N.Y.S.3d 893

2021 NY Slip Op 03941

In the Matter of Clarence H., for Discharge, Appellant, v. State of New York, Respondent.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

KEVIN D. WILSON , ACTING DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA ( PATRICK L. CHAMBERLAIN OF COUNSEL), FOR PETITIONER-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JONATHAN D. HITSOUS , OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Smith, J.P., NeMoyer, Curran, Bannister and DeJoseph, JJ.

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

Memorandum: Petitioner appeals from an order, entered after an annual review hearing pursuant to Mental Hygiene Law § 10.09(d), determining that he is a dangerous sex offender requiring confinement under section 10.03(e) and directing that he continue to be confined to a secure treatment facility (see § 10.09[h]). We affirm.

We reject petitioner's contention...

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