Opinion
483 CA 19-00355
06-12-2020
In the Matter of the Application of STATE of New York, Petitioner-Respondent, v. JEDEDIAH H., Respondent-Appellant, For Civil Management Pursuant to Article 10 of the Mental Hygiene Law.
SARAH M. FALLON, DIRECTOR, MENTAL HEALTH LEGAL SERVICE, ROCHESTER (NEIL T. CAMPBELL OF COUNSEL), FOR RESPONDENT-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR PETITIONER-RESPONDENT.
SARAH M. FALLON, DIRECTOR, MENTAL HEALTH LEGAL SERVICE, ROCHESTER (NEIL T. CAMPBELL OF COUNSEL), FOR RESPONDENT-APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR PETITIONER-RESPONDENT.
PRESENT: CARNI, J.P., LINDLEY, CURRAN, TROUTMAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent appeals from an order revoking his regimen of strict and intensive supervision and treatment (SIST), determining that he is a dangerous sex offender requiring confinement, and committing him to a secure treatment facility (see Mental Hygiene Law § 10.01 et seq. ). Contrary to respondent's contention, viewing the evidence in the light most favorable to petitioner (see Matter of State of New York v. John S. , 23 N.Y.3d 326, 348, 991 N.Y.S.2d 532, 15 N.E.3d 287 [2014], rearg denied 24 N.Y.3d 933, 993 N.Y.S.2d 544, 17 N.E.3d 1141 [2014] ), we conclude that there is sufficient evidence to support the finding that respondent is a dangerous sex offender requiring confinement, i.e., that he has "a strong predisposition to commit sex offenses, and such an inability to control behavior, that [he] is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility" (§ 10.03 [e]; see Matter of State of New York v. Jamaal A. , 167 A.D.3d 1526, 1527, 90 N.Y.S.3d 772 [4th Dept. 2018], lv denied 33 N.Y.3d 902, 2019 WL 1941485 [2019] ; Matter of State of New York v. Edward T. , 161 A.D.3d 1589, 1589, 73 N.Y.S.3d 919 [4th Dept. 2018] ; see generally Matter of State of New York v. Robert F. , 25 N.Y.3d 448, 454-455, 13 N.Y.S.3d 319, 34 N.E.3d 829 [2015] ).
We further conclude that the determination that respondent is a dangerous sex offender requiring confinement is not against the weight of the evidence. The evidence at the hearing established that respondent had been determined to pose a high risk of reoffending based on the Static-99R assessment tool; that respondent had failed to fully engage in sex offender treatment; that he had committed multiple SIST violations that bore on his risk of sexually reoffending, including possession of a smart phone containing, among other things, sexually suggestive videos of young children; and that he had violated other conditions of SIST that, although not sexual in nature, nevertheless also bore on his risk of recidivism (see generally Jamaal A. , 167 A.D.3d at 1526, 90 N.Y.S.3d 772 ; Edward T. , 161 A.D.3d at 1589, 73 N.Y.S.3d 919 ).