Legal Opinion

State v. Donald DD.

New York Court of Appeals

Decided October 28, 2014PublishedCited by 94 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

In Matter of State of New York v Donald DD., we hold that, in a Mental Hygiene Law article 10 trial, evidence that a respondent suffers from antisocial personality disorder cannot be used to support a finding that he has a mental abnormality as defined by Mental Hygiene Law § 10.03 (i), when it is not accompanied by any other diagnosis of mental abnormality. We dismiss the proceeding in Matter of State of New York v Kenneth T. on the ground of legal insufficiency. We begin our discussion with that appeal.

L

On December 16,1982, respondent Kenneth T., 27, brandished…

2Cases cited8 opinions

  1. Payne v. TennesseeSupreme Court of the United States · 1991
  2. Kansas v. HendricksSupreme Court of the United States · 1997
  3. Kansas v. CraneSupreme Court of the United States · 2002
  4. People v. BingNew York Court of Appeals · 1990
  5. State v. Floyd Y.New York Court of Appeals · 2013

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3Cited by94 opinions

  1. The Matter of the State of New York v. Dennis K. , The Matter of the State of New York v. Anthony N., The Matter of the State of New York v. Richard TT.New York Court of Appeals · 2016
  2. Matter of State of New York v. Richard TT.Appellate Division of the Supreme Court of the State of New York · 2015
  3. State v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2016
  4. Wright v. StateAppellate Division of the Supreme Court of the State of New York · 2015
  5. Groves v. StateAppellate Division of the Supreme Court of the State of New York · 2015

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