Legal Opinion
State v. J.A.
New York Supreme Court
Decided September 26, 2008PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Dineen A. Riviezzo, J.
Issue Presented
In a Mental Hygiene Law article 10 proceeding, to what extent can a psychiatrist rely on out-of-court materials, such as presentence reports and Department of Parole records, in compiling a history of sex offenses committed by the respondent, in order to formulate a psychiatric opinion as to whether the respondent has a “mental abnormality” as that term is defined in the statute?
Procedural and Factual Background
This proceeding under article 10 of the Mental Hygiene Law is being tried before me without a jury.
Respondent was convicted of…
2Cases cited32 opinions
- People v. Calbud, Inc.New York Court of Appeals · 1980
- In re Leon RRNew York Court of Appeals · 1979
- Johnson v. LutzNew York Court of Appeals · 1930
- Hambsch v. New York City Transit AuthorityNew York Court of Appeals · 1984
- People v. SwampNew York Court of Appeals · 1995
27 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. Mark S.Appellate Division of the Supreme Court of the State of New York · 2011
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2012
- State v. William F.New York Supreme Court · 2014
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2012