Opinion
2014-12-4
In re STATE of New York, Petitioner–Respondent, v. I.M., Respondent–Appellant.
Marvin Bernstein, Mental Hygiene Legal Service, New York (Diane Goldstein Temkin of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York (Bethany Davis Noll of counsel), for respondent.
Marvin Bernstein, Mental Hygiene Legal Service, New York (Diane Goldstein Temkin of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York (Bethany Davis Noll of counsel), for respondent.
Order, Supreme Court, New York County (Cassandra M. Mullen, J.), entered on or about September 20, 2013, which, upon a jury verdict that respondent is a detained sex offender who suffers from a mental abnormality, directed that respondent be committed to a secure treatment facility, unanimously reversed, on the law, without costs, and the petition dismissed.
“[A] civil commitment under Mental Hygiene Law article 10 may [not] be based solely on a diagnosis of ASPD [anti-social personality disorder], together with evidence of sexual crimes” (Matter of State of New York v. Donald DD., 24 N.Y.3d 174, ––– N.Y.S.2d ––––, ––– N.E.3d ––––, 2014 N.Y. Slip Op. 07295 [2014] ). Since ASPD is the sole diagnosis underlying the jury's finding of mental abnormality (Mental Hygiene Law § 10.03[i] ), the verdict is not supported by legally sufficient evidence, and the petition must be dismissed. FRIEDMAN, J.P., ACOSTA, MOSKOWITZ, RICHTER, CLARK, JJ., concur.