In the Matter of State v. (anonymous)

• Decision Date: 24 May 2011
• Citation: 924 N.Y.S.2d 467,84 A.D.3d 1248,2011 N.Y. Slip Op. 04476
• Parties: In the Matter of STATE of New York, respondent,v.ANDRE L. (Anonymous), appellant.
• Court: New York Supreme Court — Appellate Division

84 A.D.3d 1248
924 N.Y.S.2d 467
2011 N.Y. Slip Op. 04476

In the Matter of STATE of New York, respondent,
v.
ANDRE L. (Anonymous), appellant.

Supreme Court, Appellate Division, Second Department, New York.

May 24, 2011.

[924 N.Y.S.2d 468]

Mental Hygiene Legal Service, Mineola, N.Y. (Lesley M. DeLia, Scott M. Wells, and Dennis B. Feld of counsel), for appellant.Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Sudarsana Srinivasan of counsel), for respondent.JOSEPH COVELLO, J.P., CHERYL E. CHAMBERS, PLUMMER E. LOTT, and ROBERT J. MILLER, JJ.

[84 A.D.3d 1248] In a proceeding pursuant to Mental Hygiene Law article 10 for the civil management of Andre L., a sex offender allegedly requiring civil management, Andre L. appeals from an order of the Supreme Court, Kings County (Dowling, J.), dated March 16, 2010, which, upon a finding, after a jury trial, that he suffers from a mental abnormality as defined in Mental Hygiene Law § 10.03(i), and a determination, after a dispositional hearing, that he currently is a dangerous sex offender requiring civil confinement, in effect, granted the petition and directed that he be committed to a secure treatment facility for care, treatment, and control until such time as he no longer requires confinement.

ORDERED that the order is affirmed, without costs or disbursements.

This appeal arises from a proceeding pursuant to Mental Hygiene Law article 10, also known as the Sex Offender Management and Treatment Act (hereinafter SOMTA). In January 1992, the appellant was convicted, upon his plea of guilty, of robbery in the second degree based on three incidents that occurred during the summer of 1991 in which the appellant allegedly exposed himself to women on the street, demanded the personal property of two of the women, and slashed these two women with a knife. The appellant was sentenced to an indeterminate[84 A.D.3d 1249] term of imprisonment of 18 to 54 months, was released to parole in March 1995, and was discharged from parole in September 1996.

[924 N.Y.S.2d 469]

In June 1998, the appellant was convicted, upon his plea of guilty, of robbery in the first degree based on an incident in December 1997 in which he allegedly demanded, while displaying a knife, that a woman give him her pocketbook and undress, and then grabbed her breasts. At the time of his arrest, the appellant was wearing women's undergarments, with his penis exposed, under an open trench coat. The appellant was sentenced to a determinate term of imprisonment of 10 years.

On August 29, 2006, the appellant was admitted directly to the Central New York Psychiatric Center (hereinafter CNYPC) for involuntary care pursuant to Mental Hygiene Law article 9. Although requested by the appellant, no hearing was held pursuant to either Mental Hygiene Law § 9.31(a) or § 9.33(c), and an order of retention was not issued. SOMTA became effective on April 13, 2007, and in February 2008, based upon the recommendation of a Case Review Team appointed by the State Commissioner of Mental Health, the Attorney General...