Opinion
2015-02708, Index No. 16772/12.
05-11-2016
In the Matter of STATE of New York, respondent, v. CLEOPHUS H. (Anonymous), appellant.
Mental Hygiene Legal Service, Mineola, N.Y. (Michael D. Neville, Timothy M. Riselvato, and Dennis B. Feld of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York, N.Y. (Anisha S. Dasgupta and Judith N. Vale of counsel), for respondent.
Mental Hygiene Legal Service, Mineola, N.Y. (Michael D. Neville, Timothy M. Riselvato, and Dennis B. Feld of counsel), for appellant.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Anisha S. Dasgupta and Judith N. Vale of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., L. PRISCILLA HALL, SYLVIA O. HINDS–RADIX, and HECTOR D. LaSALLE, JJ.
Opinion In a proceeding pursuant to Mental Hygiene Law article 10 for the civil management of Cleophus H., an alleged sex offender requiring civil management, Cleophus H. appeals from an order of the Supreme Court, Kings County (D'Emic, J.), dated March 12, 2015, which, upon a finding, made after a nonjury trial (Ozzi, J.), that he suffers from a mental abnormality as defined in Mental Hygiene Law § 10.03(i), and upon a determination (Mullen, J.), made after a dispositional hearing pursuant to Mental Hygiene Law § 10.07(f), that he is currently a dangerous sex offender requiring civil confinement, in effect, granted the petition and directed that he be committed to a secure treatment facility until such time as he no longer requires confinement.
ORDERED that the order is affirmed, without costs or disbursements. Contrary to the appellant's contention, the evidence at trial was legally sufficient to support the Supreme Court's finding that he suffered from a “mental abnormality” as defined in Mental Hygiene Law § 10.03(i) (see Matter of State of New York v. Shannon S., 20 N.Y.3d 99, 956 N.Y.S.2d 462, 980 N.E.2d 510 ; Matter of State of New York v. Clarence D., 82 A.D.3d 776, 917 N.Y.S.2d 700 ), and the verdict was not against the weight of the evidence (see Matter of State of New York v. Dennis K., 120 A.D.3d 694, 695, 991 N.Y.S.2d 125, lv. granted 24 N.Y.3d 911, 2014 WL 7152162 ). Moreover, clear and convincing evidence supports the Supreme Court's finding that the State established that the appellant suffers from “a mental abnormality involving such a strong predisposition to commit sex offenses, and such an inability to control behavior, that [he] is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility” and, therefore, is a “dangerous sex offender requiring confinement” (Mental Hygiene Law § 10.07[f] ; see Matter of State of New York v. Abdul A., 123 A.D.3d 1047, 1049, 999 N.Y.S.2d 501 ; Matter of State of New York v. Robert F., 101 A.D.3d 1133,1137, 958 N.Y.S.2d 156 ; Matter of State of New York v. Anonymous, 82 A.D.3d 1250, 920 N.Y.S.2d 195 ; Matter of State of New York v. Steven L., 66 A.D.3d 788, 789, 887 N.Y.S.2d 190 ).