Legal Opinion

State v. C.B.

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 2011PublishedCited by 6 opinions

1Opinion of the Court

The court properly denied appellant’s application for a pretrial hearing on the voluntariness of a confession that was ultimately admitted at trial. Sex offender management proceedings under article 10 of the Mental Hygiene Law are civil rather than criminal (People v Harnett, 16 NY3d 200, 206 [2011]; see also Smith v Doe, 538 US 84, 92 [2003]; Kansas v Hendricks, 521 US 346, 361 [1997]). Therefore, the requirement of a judicial determination of voluntariness (see People v Huntley, 15 NY2d 72 [1965]) does not apply to such proceedings. Instead, appellant’s confession was admissible as a party…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. Kansas v. HendricksSupreme Court of the United States · 1997
  4. Smith v. DoeSupreme Court of the United States · 2003
  5. People v. HuntleyNew York Court of Appeals · 1965

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3Cited by6 opinions

  1. Warren v. PatakiCourt of Appeals for the Second Circuit · 2016
  2. Matter of State of New York v. C.B.Appellate Division of the Supreme Court of the State of New York · 2017
  3. BROOKS, CHARLES v. STATE OF NEW YORKAppellate Division of the Supreme Court of the State of New York · 2014
  4. Discharge of Brooks v. StateAppellate Division of the Supreme Court of the State of New York · 2014
  5. Discharge of Brooks v. StateAppellate Division of the Supreme Court of the State of New York · 2014

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