Opinion
2014-05-27
In re The STATE of New York, Petitioner–Respondent, v. BERNARD D., Respondent–Appellant.
Bernard D., appellant pro se. Eric T. Schneiderman, Attorney General, New York (Mark H. Shawhan of counsel), for respondent.
Bernard D., appellant pro se. Eric T. Schneiderman, Attorney General, New York (Mark H. Shawhan of counsel), for respondent.
Order, Supreme Court, Bronx County (Colleen D. Duffy, J.), entered August 23, 2012, which denied respondent's motion to dismiss the proceeding brought pursuant to the Sex Offender Management and Treatment Act (SOMTA) ( Mental Hygiene Law article 10), unanimously affirmed, without costs.
Contrary to respondent's argument, SOMTA is applicable to him based on his status as a detained sex offender when the proceeding was commenced, regardless of the legality of his detention at the time ( see People ex rel. Joseph II. v. Superintendent of Southport Correctional Facility, 15 N.Y.3d 126, 133, 905 N.Y.S.2d 107, 931 N.E.2d 76 [2010] ).
Respondent's challenges to the accuracy of a psychiatric report and his argument that he was not afforded the effective assistance of counsel are unpreserved, and we decline to review them in the interest of justice.
Were we to review them, we would find them unavailing. SWEENY, J.P., ACOSTA, ANDRIAS, FREEDMAN, JJ., concur.