Legal Opinion
State v. Ralph P.
New York Supreme Court
Decided September 28, 2016Published
1Opinion of the Court
OPINION OF THE COURT
Daniel P. Conviser, J.
The respondent is the subject of a petition for sex offender civil management pursuant to article 10 of the Mental Hygiene Law. He moves here for summary judgment, dismissing the petition. For the reasons outlined infra, that motion is granted.
On August 9, 2016, this court issued a decision and order following a Frye hearing finding that the diagnosis proffered by state expert witness Dr. Joel Lord of “Other Specified Para-philic Disorder (OSPD) hebephilia” was not generally accepted in the relevant psychiatric community. (Matter of State of New York…
2Cases cited8 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Kansas v. CraneSupreme Court of the United States · 2002
- Brill v. City of New YorkNew York Court of Appeals · 2004
- State v. Donald DD.New York Court of Appeals · 2014
- 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 · 2016
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