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MATTER OF STATE OF NEW YORK v. DAVID D.

Ind. No. 250243/17, Appeal No. 15667-15667A, Case No. 2021-04242.

206 A.D.3d 481 (2022)

169 N.Y.S.3d 312

2022 NY Slip Op 03877

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

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

Decided June 14, 2022.

Attorney(s) appearing for the Case

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

Letitia James , Attorney General, New York ( Stephen J. Yanni of counsel), for respondent.

Concur—Webber, J.P., Singh, González, Kennedy, Higgitt, JJ.

The court properly denied respondent's pretrial motion to dismiss, as he was a "detained sex offender" when this proceeding was commenced (see Mental Hygiene Law §§ 10.03[g][1] ["A person who stands convicted of a sex offense ... and is currently serving a sentence for, or subject to supervision by the division of parole, whether on parole or on post-release supervision, for such offense or for a related offense"]; 10.03[l]; 10.07[a]). When the Sex Offender...

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