State v. Robert F.

*692The appellant, born in 1957, is a recidivist sex offender with multiple sexual offenses and related criminal convictions stretching back nearly 40 years. In May 2005, the appellant was sentenced to a five-year term of imprisonment on his latest conviction of sexual abuse in the first degree. The instant proceeding was commenced in May 2009. After a trial, a jury found that the appellant suffers from a mental abnormality (see Mental Hygiene Law § 10.03 [i]).

The matter proceeded to a dispositional hearing without a jury. At that hearing, the appellant disclosed that the victim of a 1974 rape of…