State v. Enrique T.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
In this proceeding in which the New York State Attorney General seeks civil management of a sex offender pursuant to article 10 of the Mental Hygiene Law, we are asked to vacate an order of Supreme Court that unconditionally released the respondent, a convicted sex offender. His release was based on a finding that the pretrial civil detention provisions mandated by Mental Hygiene Law § 10.06 (k) are facially unconstitutional. This Court now finds that Supreme Court erred in attempting to make such a determination. We therefore reverse, on the law, vacate the…
2Cases cited15 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- United States v. SalernoSupreme Court of the United States · 1987
- Kansas v. HendricksSupreme Court of the United States · 1997
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Washington State Grange v. Washington State Republican PartySupreme Court of the United States · 2008
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3Cited by25 opinions
- State v. Floyd Y.New York Court of Appeals · 2013
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- Matter of State of New York v. Jerome A.Appellate Division of the Supreme Court of the State of New York · 2016
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