State v. Anonymous

Austin, J.,

dissents, and votes to affirm the order of the Supreme Court, Suffolk County, with the following memorandum: I have no disagreement with applying the “reasonable cause to believe” standard, as enunciated by the majority, in a hearing “to determine whether there is probable cause to believe that the respondent is a sex offender requiring civil management” (Mental Hygiene Law § 10.06 [g]). However, in its application to the facts of this case, I respectfully disagree with the conclusion that probable cause was established.

There can be no doubt that the purpose of New York’s Sex…