Opinion
899 CA 19-01206
04-30-2021
In the Matter of the Application for Discharge of PHILIP Q., From Central New York Psychiatric Center Pursuant to Mental Hygiene Law Section 10.09, Petitioner-Appellant, v. STATE of New York, New York State Office of Mental Health and New York State Department of Corrections and Community Supervision, Respondents-Respondents.
SARAH M. FALLON, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (PATRICK T. CHAMBERLAIN OF COUNSEL), FOR PETITIONER-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
SARAH M. FALLON, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (PATRICK T. CHAMBERLAIN OF COUNSEL), FOR PETITIONER-APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
PRESENT: SMITH, J.P., CARNI, TROUTMAN, WINSLOW, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Mental Hygiene Law article 10, petitioner appeals from an order determining that he is a detained sex offender who suffers from a mental abnormality and ordering his release to a regimen of strict and intensive supervision and treatment (see § 10.03 [i], [r]).
We reject petitioner's contention that the evidence is not legally sufficient to establish that he has a " ‘[m]ental abnormality’ " ( Mental Hygiene Law § 10.03 [i] ), which is defined as a "congenital or acquired condition, disease or disorder that affects the emotional, cognitive, or volitional capacity of a person in a manner that predisposes him or her to the commission of conduct constituting a sex offense and that results in that person having serious difficulty in controlling such conduct" (id. ). Respondents’ evidence at the hearing consisted of the report and testimony of a psychologist who evaluated petitioner and opined that he suffers from antisocial personality disorder and three substance abuse disorders, and that he possesses a moderate degree of psychopathic traits. The psychologist testified regarding the early onset of petitioner's "recurrent and intense" sexual fantasies and the repetitious and chronic nature of petitioner's offenses over time, and further testified that petitioner continued to commit sexual offenses despite facing legal consequences on prior occasions, and that his score on a VRS:SO test placed him in a high-risk category for recidivism. The psychologist opined that petitioner is predisposed to commit sex offenses and that he has serious difficulty in controlling such conduct. Viewing the evidence in the light most favorable to respondents (see Matter of State of New York v. Floyd Y. , 30 N.Y.3d 963, 964, 65 N.Y.S.3d 111, 87 N.E.3d 143 [2017] ; Matter of State of New York v. John S. , 23 N.Y.3d 326, 348, 991 N.Y.S.2d 532, 15 N.E.3d 287 [2014], rearg denied 24 N.Y.3d 933, 993 N.Y.S.2d 544, 17 N.E.3d 1141 [2014] ), we conclude that it is legally sufficient to establish by clear and convincing evidence that petitioner has a mental abnormality (see § 10.03 [i] ; see generally Matter of Derek G. v. State of New York , 174 A.D.3d 1360, 1361, 103 N.Y.S.3d 741 [4th Dept. 2019] ; Matter of Luis S. v. State of New York , 166 A.D.3d 1550, 1551, 88 N.Y.S.3d 748 [4th Dept. 2018], appeal dismissed 35 N.Y.3d 985, 125 N.Y.S.3d 75, 148 N.E.3d 539 [2020] ; Matter of Suggs v. State of New York , 142 A.D.3d 1283, 1284, 39 N.Y.S.3d 553 [4th Dept. 2016] ).
Lastly, we reject petitioner's contention that the determination that he suffers from a mental abnormality is against the weight of the evidence (see generally Matter of State of New York v. Stein , 85 A.D.3d 1646, 1647, 924 N.Y.S.2d 231 [4th Dept. 2011], affd 20 N.Y.3d 99, 956 N.Y.S.2d 462, 980 N.E.2d 510 [2012], cert denied 568 U.S. 1216, 133 S.Ct. 1500, 185 L.Ed.2d 556 [2013] ). Although petitioner presented expert testimony that would support a contrary finding, that merely raised a credibility issue for Supreme Court to resolve, and its determination is entitled to great deference given its " ‘opportunity to evaluate [first-hand] the weight and credibility of [the] conflicting expert testimony’ " ( Luis S. , 166 A.D.3d at 1554, 88 N.Y.S.3d 748 ).