By: Daily Record Staff//November 9, 2011
By: Daily Record Staff//November 9, 2011//
Appellate Division, Fourth Department
Sex Offender Status
State of New York v. Blair
Appealed from Supreme Court, Allegany County
Background: The respondent appealed from an order determining that he was a dangerous sex offender requiring confinement and committing him to a secure treatment facility. The respondent argued that the court erred in its determination and that the petitioner’s expert’s testimony should not have been permitted.
Ruling: The appellate division unanimously affirmed. The court’s determination was supported by clear and convincing evidence. Moreover, the expert testifying to the respondent’s progress at the Central New York Psychiatric Center was competent as he had full review of the respondent’s treatment records.
Kevin S. Doyle of the Mental Hygiene Legal Service for the respondent-appellant; Patrick J. Walsh of the New York State Office of the Attorney General for the petitioner-respondent