Legal Opinion

In the Matter of State of New York v. Michael M.

New York Court of Appeals

Decided December 19, 2014No. 224PublishedCited by 52 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

In this Mental Hygiene Law article 10 proceeding, we hold that the evidence was legally insufficient to justify revoking respondent’s strict and intensive supervision and treatment and imposing secure confinement. We base our holding on the distinction between a “sex offender requiring strict and intensive supervision” and a “dangerous sex offender requiring confinement,” as defined in the relevant statutes.

I

Respondent Michael M. pleaded guilty to sex offenses including sexual abuse in the first degree (Penal Law § 130.65 [3] [subjects a person under 11 years to…

2Cases cited2 opinions

  1. State v. Enrique T.Appellate Division of the Supreme Court of the State of New York · 2012
  2. State v. MatterAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by52 opinions

  1. State v. ParrottAppellate Division of the Supreme Court of the State of New York · 2015
  2. In re Jamie J.Court for the Trial of Impeachments and Correction of Errors · 2017
  3. State v. BreedenAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of State of New York v. David HH.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Sincere KK. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2015

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