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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Dangerous Sex Offender: State of New York v. Hunter

Fourth Department — Dangerous Sex Offender: State of New York v. Hunter

Appellate Division, Fourth Department

Dangerous Sex Offender

Appointed Psychiatric Examiner — Disclosure

State of New York v. Hunter
CA 11-01975
Appealed from Supreme Court, Monroe County

Background: The respondent appealed from an order determining that he was a dangerous sex offender requiring confinement. The respondent argued that the court had erred in denying his pretrial motion requesting that the report of a court-appointed psychiatric examiner be provided to the court and the attorney general only in the event that the respondent decided to call the examiner as a witness. The respondent believed that such disclosure violated his right to due process and equal protection

Ruling: The Appellate Division affirmed. The court found that the statute required the disclosure and that the statute was constitutional as the appointment of a psychiatric examiner is to be made upon request and without a showing of necessity.

Neil J. Rowe of the Mental Hygiene Legal Service for the respondent-appellant; Allyson B. Levine of the New York State Office of the Attorney General for the petitioner-respondent