IN RE: STATE OF NEW YORK (2014)

Supreme Court, Appellate Division, Fourth Department.

IN RE: STATE OF NEW YORK, PETITIONER–RESPONDENT, v. DOUGLAS KENNEDY, RESPONDENT–APPELLANT.

CA 13–00541

Decided: October 03, 2014

PRESENT: SMITH, J.P., PERADOTTO, VALENTINO, WHALEN, AND DEJOSEPH, JJ.

KEVIN J. BAUER, ALBANY, FOR RESPONDENT–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

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 AD3d 1378, 1378, lv denied 18 NY3d 804; 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 AD3d 1138, 1144; see Matter of State of New York v Richard VV., 74 AD3d 1402, 1405), 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 AD3d 1607, 1607; Timothy JJ., 70 AD3d at 1145).

Frances E. Cafarell

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network