State v. O.V.

OPINION OF THE COURT

Eileen Bransten, J.

The State of New York moves to establish probable cause to believe that O.V is a “sex offender requiring civil management” pursuant to Mental Hygiene Law article 10, § 10.06 (k).

O.V opposes the motion.

Background

On December 12, 2007, this court held a hearing to ascertain whether there is probable cause to believe that O.V is a “sex offender requiring civil management.”

Initially, the State established that, on May 18, 1979, O.V was convicted of two counts of rape in the first degree and two counts of criminal possession of a weapon — a knife — in the…