State v. Suggs

OPINION OF THE COURT

Daniel P. Conviser, J.

This decision addresses what the court believes is an issue of first impression under New York State’s Sex Offender Management and Treatment Act (SOMTA) (Mental Hygiene Law art 10): May the State, during an article 10 trial, compel the respondent to testify as a witness for the State? This court concludes that the answer is no.

Statement of Facts

The respondent, John Suggs, pleaded guilty in 1968 to rape in the first degree and robbery in the first degree, in satisfaction of a number of rape, sodomy, robbery, assault and other charges arising from…