Legal Opinion

State v. Rosado

New York Supreme Court

Decided June 29, 2009PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Dineen A. Riviezzo, J.

Issue Presented

In this proceeding under article 10 of the Mental Hygiene Law, the petitioner, the Attorney General of the State of New York, moves in limine to exclude from the trial evidence any testimony concerning the results of an actuarial risk assessment instrument known as the STATIC-99. The STATIC-99 compares certain historical characteristics of a given sex offender to the characteristics of a group of documented offenders, in an effort to predict the subject offender’s risk of reoffending.

For the reasons which follow, the motion is granted.…

2Cases cited22 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kansas v. HendricksSupreme Court of the United States · 1997
  3. Kansas v. CraneSupreme Court of the United States · 2002
  4. People v. CroninNew York Court of Appeals · 1983
  5. People v. WesleyNew York Court of Appeals · 1994

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3Cited by8 opinions

  1. People v. FerrerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Matter of State of New York v. Ian I.Appellate Division of the Supreme Court of the State of New York · 2015
  3. State v. HarrisNew York Supreme Court · 2015
  4. State v. C.B.Appellate Division of the Supreme Court of the State of New York · 2011
  5. People v. CurryAppellate Division of the Supreme Court of the State of New York · 2017

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