State v. Marcello A.

OPINION OF THE COURT

Emily Pines, J.

This decision addresses the question of whether the close scrutiny required by the Court of Appeals’ decision in Matter of State of New York v Floyd Y. (22 NY3d 95 [2013]) has any applicability to the probable cause stage of an article 10 proceeding under the New York State Mental Hygiene Law. The court was presented with this question when asked to determine whether there exists probable cause to believe that the respondent, Marcello A., is a “sex offender requiring civil management” pursuant to Mental Hygiene Law § 10.06 (g). A sex offender requiring civil…