Fourth Department – Sex offender requiring confinement: Nushawn W. v. State of New York

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Sex Offender requiring confinement

Sufficiency of evidence

Nushawn W. v. State of New York

CA 21-01174

Appealed from Supreme Court, Oneida County

Background: The petitioner appealed from an order, after an annual review hearing, that determined that he is a dangerous sex offender requiring confinement and directing that he remained confined to a secure treatment facility. He argues that the evidence is not legally sufficient to establish that he is a dangerous sex offender.

Ruling: The Appellate Division affirmed. The court noted that, after an in-person interview with the petitioner, the respondent’s expert diagnosed the petitioner with antisocial personality disorder, three substance use disorders, psychopathy, and hyper-sexuality. When viewed in combination, predispose the petitioner to commit sex offenses. Furthermore, The expert utilized two different assessments to determine that the petitioner had a high risk of recidivism.

Kathryn Friedman, of the Sage Law Firm Group, for the petitioner-appellant; Jonathan D. Hitsous, of the NYS Office of the Attorney General, for the respondents-respondents.

Oral argument video