Legal Opinion
State v. Mercado
New York Supreme Court
Decided August 11, 2015PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Dineen A. Riviezzo, J.
Issue Presented
In this proceeding under article 10 of the Mental Hygiene Law, the respondent, Harry Mercado, moved by motion dated *514October 24, 2014, for an order precluding all testimony at trial concerning the diagnosis that forms the basis for the petition for civil commitment filed by the State on June 7, 2013. Specifically, respondent alleges that the diagnosis, paraphilia not otherwise specified (NOS) (sexual arousal to teens) is not a diagnosis generally accepted by the relevant scientific community and thus, the use of expert testimony for that…
2Cases cited19 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- People v. CroninNew York Court of Appeals · 1983
- People v. WesleyNew York Court of Appeals · 1994
- Matott v. WardNew York Court of Appeals · 1979
- People v. ScarolaNew York Court of Appeals · 1988
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3Cited by3 opinions
- State v. Jason C.New York Supreme Court · 2016
- State v. Ralph P.New York Supreme Court · 2016
- State v. David D.New York Supreme Court · 2016