STATE OF NEW YORK v. SMITH, LERRYL ( 2011 )


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  •            SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    735
    CA 10-01491
    PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.
    IN THE MATTER OF THE STATE OF NEW YORK,
    PETITIONER-RESPONDENT,
    V                            MEMORANDUM AND ORDER
    LERRYL SMITH, RESPONDENT-APPELLANT.
    EMMETT J. CREAHAN, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, BUFFALO
    (KEVIN S. DOYLE OF COUNSEL), FOR RESPONDENT-APPELLANT.
    ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MICHAEL CONNOLLY OF
    COUNSEL), FOR PETITIONER-RESPONDENT.
    Appeal from an order of the Supreme Court, Erie County (John L.
    Michalski, A.J.), entered April 30, 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. We reject respondent’s contention that petitioner failed to
    establish by clear and convincing evidence at the dispositional
    hearing that “respondent is likely to be a danger to others and to
    commit sex offenses if not confined to a secure treatment facility” (§
    10.07 [f]). We are “[m]indful that Supreme Court was in the best
    position to evaluate the weight and credibility of the conflicting
    psychiatric testimony presented . . ., [and] we defer to the court’s
    decision to credit [the testimony of petitioner’s] expert” (Matter of
    State of New York v Pierce, 79 AD3d 1779, 1781, lv denied 16 NY3d 712
    [internal quotation marks omitted]; see Matter of State of New York v
    Motzer, 79 AD3d 1687, 1688).
    Entered:   June 10, 2011                        Patricia L. Morgan
    Clerk of the Court
    

Document Info

Docket Number: CA 10-01491

Filed Date: 6/10/2011

Precedential Status: Precedential

Modified Date: 10/8/2016