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Court of Appeals of New York


State of New York v. Floyd Y., 182

Defendant's civil commitment following a proceeding under the Sex Offender Management and Treatment Act (SOMTA), which authorizes the State to place any "dangerous sex offender requiring confinement" in civil management, is reversed and remanded for retrial, where: 1) the Due Process Clause protects against the admission of unreliable hearsay evidence, where such hearsay is more prejudicial than probative, regardless of whether it serves as the basis for an expert's properly proffered opinion testimony; and 2) the admission of the unreliable hearsay was not harmless error.

Appellate Information

  • Decided 11/19/2013
  • Published 11/19/2013

Judges

  • RIVERA

Court

  • Court of Appeals of New York

Counsel

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