Opinion
2014-10-3
In the Matter of STATE of New York, Petitioner–Respondent, v. Douglas KENNEDY, Respondent–Appellant.
Kevin J. Bauer, Albany, for Respondent–Appellant. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of Counsel), for Petitioner–Respondent.
Kevin J. Bauer, Albany, for Respondent–Appellant. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of Counsel), for Petitioner–Respondent.
PRESENT: SMITH, J.P., PERADOTTO, VALENTINO, WHALEN, and DeJOSEPH, JJ.
MEMORANDUM:
Respondent appeals from an order determining that he is a dangerous sex offender requiring confinement pursuant to Mental Hygiene Law article 10 and committing him to a secure treatment facility. Contrary to respondent's contention, Supreme Court's determination that respondent “is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility” is not against the weight of the evidence (§ 10.03[e]; see Matter of State of New York v. Reeve, 87 A.D.3d 1378, 1378, 929 N.Y.S.2d 899, lv. denied18 N.Y.3d 804, 2012 WL 87004; see generally § 10.03[i] ). The court was “in the best position to evaluate the weight and credibility of the conflicting psychiatric testimony presented” (Matter of State of New York v. Timothy JJ., 70 A.D.3d 1138, 1144, 895 N.Y.S.2d 568; see Matter of State of New York v. Richard VV., 74 A.D.3d 1402, 1405, 903 N.Y.S.2d 184), and we see no reason to disturb the court's decision to credit the testimony of petitioner's expert over that of respondent's expert ( see Matter of State of New York v. Boutelle, 85 A.D.3d 1607, 1607, 925 N.Y.S.2d 299; Timothy JJ., 70 A.D.3d at 1145, 895 N.Y.S.2d 568).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.