Appellate Division, Fourth Department
Findings of Fact
Matter of Brusso
Appealed from Supreme Court, Monroe County
Background: The respondent was found to be a dangerous sex offender requiring confinement under Mental Hygiene Law article 10. On appeal, he challenged the adequacy of the evidence at the dispositional hearing. He also contended that he was denied due process because the judge did not set forth detailed findings of fact.
Ruling: Order was affirmed. The trier of fact was in the best position to evaluate the testimony. There is no requirement for findings of fact in article 10 and, in any event, the bench decision adequately set forth the basis.
Lisa L. Paine for the respondent; Allson B. Levine for the NYS Attorney General’s Office