New York Court of Appeals
In the Matter of State of New York, Respondent v. Dennis K., Appellant; In the Matter of State of New York…
July 5, 201627 N.Y.3d 718
Summary
The New York Court of Appeals affirmed the Appellate Division orders finding that respondents Dennis K., Anthony N., and Richard TT. satisfied the statutory definition of a mental abnormality under Mental Hygiene Law § 10.03(i) and rejected the Supreme Court's vacatur of those orders. The Court held that the State presented clear and convincing evidence of both a predicate disorder and serious difficulty controlling sexual conduct, and answered the certified question negatively. A concurring/dissenting opinion by Judge Rivera was filed, concurring on Dennis K. and dissenting on the other two respondents.