Legal Opinion
State of New York v. Rashid
New York Court of Appeals
Decided November 23, 2010No. 205PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
In this appeal, we are called upon to resolve issues of interpretation of article 10 of the Mental Hygiene Law, the key component of the recently enacted Sex Offender Management and Treatment Act (SOMTA) (L 2007, ch 7). We hold that in order to pursue civil management under article 10, the Attorney General must file the required petition against an individual in a court of competent jurisdiction before that individual’s release from State custody or supervision. We also hold that Penal Law § 70.30 is not relevant to the question of which sentences make someone…
2Cases cited9 opinions
- People ex rel. Gill v. GreeneNew York Court of Appeals · 2009
- Telaro v. TelaroNew York Court of Appeals · 1969
- People v. BussNew York Court of Appeals · 2008
- Seitelman v. LavineNew York Court of Appeals · 1975
- People Ex Rel. Joseph II v. Superintendent of Southport Correctional FacilityNew York Court of Appeals · 2010
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3Cited by23 opinions
- People v. BrinsonNew York Court of Appeals · 2013
- State v. Daniel OO.Appellate Division of the Supreme Court of the State of New York · 2011
- State v. ReeveAppellate Division of the Supreme Court of the State of New York · 2011
- State v. Robert F.Appellate Division of the Supreme Court of the State of New York · 2012
- State v. MatterAppellate Division of the Supreme Court of the State of New York · 2013
18 more not listed; retrieve them via the Exa API.