In the Matter of State v. Stein
| Decision Date | 10 June 2011 |
| Parties | In the Matter of the STATE of New York, Petitioner–Respondent,v.Shannon STEIN, Respondent–Appellant. |
| Court | New York Supreme Court — Appellate Division |
85 A.D.3d 1646
924 N.Y.S.2d 231
2011 N.Y. Slip Op. 04958
In the Matter of the STATE of New York, Petitioner–Respondent,
v.
Shannon STEIN, Respondent–Appellant.
Supreme Court, Appellate Division, Fourth Department, New York.
June 10, 2011.
[924 N.Y.S.2d 232]
Davison Law Office, PLLC, Canandaigua (Mark C. Davison of Counsel), for Respondent–Appellant.Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of Counsel), for Petitioner–Respondent.PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, AND SCONIERS, JJ.MEMORANDUM:
[85 A.D.3d 1646] Respondent appeals from an order pursuant to [85 A.D.3d 1647] Mental Hygiene Law article 10 in which Supreme Court determined, following a nonjury trial, that he has a mental abnormality that predisposes him to committing sex offenses ( see Mental Hygiene Law § 10. 03[i] ), and directed that he be committed to a secure treatment facility. We reject respondent's contention that the court improperly assumed the role of an advocate when it sua sponte reopened the proof at the conclusion of the mental abnormality phase of the trial, inasmuch as the court stated on the record that additional evidence was required in order to clarify hearsay issues, particularly with respect to collateral interviews conducted by one of the psychologists ( see generally People v. Arnold, 98 N.Y.2d 63, 68, 745 N.Y.S.2d 782, 772 N.E.2d 1140). We further note that the court stated that it would allow respondent's expert to provide a supplemental report and supplemental testimony taking into account the new testimony. Also contrary to respondent's contention, the evidence is legally sufficient to support the court's determination that he suffers from a mental abnormality within the meaning of Mental Hygiene Law § 10.03(i) ( see Matter of State of New York v. Gierszewski, 81 A.D.3d 1473, 916 N.Y.S.2d 729). According to the testimony of two psychologists presented by petitioner, respondent suffers from paraphilia not otherwise specified, which predisposes him to committing sexual offenses, and that he has had serious difficulty controlling that sexual conduct. Petitioner thus established by clear and convincing evidence that respondent
suffers from “a congenital or acquired condition, disease or disorder that affects [his] emotional, cognitive, or volitional capacity ... in a manner that predisposes him ... to the commission of conduct constituting a sex offense and that results in [respondent] having serious difficulty...
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