Legal Opinion

The Matter of the State of New York v. Dennis K. , The Matter of the State of New York v. Anthony N., The Matter of the State of New York v. Richard TT.

New York Court of Appeals

Decided July 5, 2016No. 106, 107, 108PublishedCited by 78 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

In Matter of State of New York v Donald DD. (24 NY3d 174 [2014]), we held that, in a trial conducted pursuant to Mental Hygiene Law article 10, “evidence that a respondent suffers from antisocial personality disorder [ASPD] cannot be used to support a finding that he [or she] has a mental abnormality as defined by Mental Hygiene Law § 10.03 (i), when it is not accompanied by any other diagnosis of mental abnormality” (id. at 177 [emphasis supplied]).

Like the respondent in Donald DD., respondents Dennis K., Anthony N. and Richard TT. have been diagnosed with…

2Cases cited11 opinions

  1. Kansas v. CraneSupreme Court of the United States · 2002
  2. People v. TongeNew York Court of Appeals · 1999
  3. State v. Donald DD.New York Court of Appeals · 2014
  4. State v. Floyd Y.New York Court of Appeals · 2013
  5. State v. John S.New York Court of Appeals · 2014

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3Cited by78 opinions

  1. Matter of Rene I. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Charles B. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  3. Matter of State of New York v. Anthony B.Appellate Division of the Supreme Court of the State of New York · 2020
  4. Matter of State of New York v. Marcello A.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Andrew Carothers, M.D., P.C. v. Progressive Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2017

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