General

In the Matter of State of New York, Respondent, v. I.M., Appellant

123 A.D.3d 464996 N.Y.S.2d 527·New York Supreme Court, Appellate Division·2014·NY

Concur — Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ.

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Opinion

In the Matter of State of New York, Respondent, v I.M., Appellant. [996 NYS2d 527] [MAJORITY] Order, Supreme Court, New York County (Cassandra M. Mullen, J.), entered on or about September 20, 2013, which, upon a jury verdict that respondent is a detained sex offender who suffers from a mental abnormality, directed that respondent be committed to a secure treatment facility, unanimously reversed, on the law, without costs, and the petition dismissed. “[A] civil commitment under Mental Hygiene Law article 10 may [not] be based solely on a diagnosis of ASPD [anti-social personality disorder], together with evidence of sexual crimes” (Matter of State of New York v Donald DD., 24 NY3d 174 [2014]). Since ASPD is the sole diagnosis underlying the jury’s finding of mental abnormality (Mental Hygiene Law § 10.03 [i]), the verdict is not supported by legally sufficient evidence, and the petition must be dismissed. Concur — Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ. Motion to amend caption granted.