Legal Opinion

State v. Farnsworth

Appellate Division of the Supreme Court of the State of New York

Decided April 30, 2010PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Pine, J.

At issue on this appeal is the constitutionality of Mental *16Hygiene Law article 10 as applied to persons such as respondent who were convicted of certain designated felonies that were sexually motivated and were committed before the effective date of article 10 (§ 10.03 [f], [g] [4]). Because sexual motivation was not an element of the underlying designated felonies, article 10 requires that the sexual motivation be established at the civil commitment trial (Mental Hygiene Law § 10.07 [c]), where the standard of proof is clear and convincing evidence (§ 10.07 [d]).…

2Cases cited32 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. In Re WINSHIPSupreme Court of the United States · 1970
  4. Santosky v. KramerSupreme Court of the United States · 1982
  5. Addington v. TexasSupreme Court of the United States · 1979

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3Cited by20 opinions

  1. State v. Floyd Y.New York Court of Appeals · 2013
  2. State v. CampanyAppellate Division of the Supreme Court of the State of New York · 2010
  3. State v. GierszewskiAppellate Division of the Supreme Court of the State of New York · 2011
  4. Krieger v. City of RochesterNew York Supreme Court · 2013
  5. State v. Daniel OO.Appellate Division of the Supreme Court of the State of New York · 2011

15 more not listed; retrieve them via the Exa API.

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