STATE OF NEW YORK v. HARLAND, DERRICK ( 2012 )


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  •            SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    544
    CA 10-02493
    PRESENT: CENTRA, J.P., PERADOTTO, SCONIERS, AND MARTOCHE, JJ.
    IN THE MATTER OF THE STATE OF NEW YORK,
    PETITIONER-RESPONDENT,
    V                           MEMORANDUM AND ORDER
    DERRICK HARLAND, RESPONDENT-APPELLANT.
    CHARLES J. GREENBERG, BUFFALO, FOR RESPONDENT-APPELLANT.
    ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARLENE O. TUCZINSKI
    OF COUNSEL), FOR PETITIONER-RESPONDENT.
    Appeal from an order of the Supreme Court, Erie County (Timothy
    J. Walker, A.J.), entered July 29, 2010 in a proceeding pursuant to
    Mental Hygiene Law article 10. The order committed respondent to a
    secure treatment facility.
    It is hereby ORDERED that the order so appealed from is
    unanimously affirmed without costs.
    Memorandum: Respondent appeals from an order determining that he
    is a dangerous sex offender requiring confinement pursuant to Mental
    Hygiene Law article 10 and committing him to a secure treatment
    facility. Contrary to respondent’s contention, we conclude that
    petitioner established by clear and convincing evidence at the
    dispositional hearing that he is a dangerous sex offender requiring
    confinement (see § 10.03 [e]; § 10.07 [f]). Supreme Court “was ‘in
    the best position to evaluate the weight and credibility of the
    conflicting psychiatric testimony presented’ ” (Matter of State of New
    York v Blair, 87 AD3d 1327, 1327; see Matter of State of New York v
    Richard VV., 74 AD3d 1402, 1404; Matter of State of New York v Timothy
    JJ., 70 AD3d 1138, 1144-1145). We see no basis upon which to disturb
    the court’s determination to credit the testimony of petitioner’s
    expert over that of the expert who testified on behalf of respondent
    (see Matter of State of New York v Boutelle, 85 AD3d 1607, 1607; see
    also Matter of State of New York v Flagg [appeal No. 2], 71 AD3d 1528,
    1530).
    Entered:    April 27, 2012                      Frances E. Cafarell
    Clerk of the Court
    

Document Info

Docket Number: CA 10-02493

Filed Date: 4/27/2012

Precedential Status: Precedential

Modified Date: 10/8/2016