Legal Opinion
State v. Kevin J.
New York Supreme Court
Decided April 13, 2015Published
1Opinion of the Court
OPINION OF THE COURT
Matthew J. D’Emic, J.
The respondent moves the court for leave to renew his arguments made upon the Mental Hygiene Law article 10 probable cause hearing, and, upon renewal, seeks the dismissal of the petition in the captioned matter, based upon the Court of Appeals’ decision in Matter of State of New York v Donald DD. (24 NY3d 174 [2014]), which was issued subsequent to the hearing court’s finding of probable cause in this matter.
The petitioner opposes this motion on procedural grounds as well as on the merits.
Upon this motion the respondent seeks to have set aside the…
2Cases cited7 opinions
- People v. BelloNew York Court of Appeals · 1998
- People v. SwampNew York Court of Appeals · 1995
- State v. Donald DD.New York Court of Appeals · 2014
- State v. Shannon S.New York Court of Appeals · 2012
- State v. Mark S.Appellate Division of the Supreme Court of the State of New York · 2011
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