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MATTER OF STATE OF NEW YORK v. RICHARD V.

Index No. 42001/21, Appeal No. 888, Case No. 2023-02229.

2024 NY Slip Op 02158

IN THE MATTER OF STATE OF NEW YORK, Petitioner-Appellant, v. RICHARD V., Respondent-Respondent.

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

Decided April 23, 2024.

Attorney(s) appearing for the Case

Letitia James , Attorney General, New York ( Stephen J. Yanni and Ester Murdukhayeva of counsel), for appellant.

Marvin Bernstein , Mental Hygiene Legal Service, New York ( Naomi M. Weinstein and Sadie Z. Ishee of counsel), for respondent.

Before: Kern, J.P., Singh, Gesmer, Scarpulla, O'Neill Levy, JJ.

Opinion

Petitioner appeals from the order and judgment (one paper) of Supreme Court, Bronx County (David L. Lewis, J.), entered April 4, 2023, which determined, after a nonjury trial, that the State of New York failed to sustain its burden of establishing that respondent suffers from a mental abnormality under Mental Hygiene...

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