Constitutional Law · MBE-tested
In the Matter of State of New York, Respondent, v. Bobby Powell, Appellant
93 A.D.3d 539939 N.Y.S.2d 858·New York Supreme Court, Appellate Division·2012·NY
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Opinion
In the Matter of State of New York, Respondent, v Bobby Powell, Appellant.
[939 NYS2d 858]
[MAJORITY]
Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 22, 2010, which, in a proceeding pursuant to Mental Hygiene Law article 10, upon a jury finding of mental abnormality, committed respondent to a secure treatment facility, and order, same court and Justice, entered on or about June 17, 2011, denying respondent’s motion for a new trial in the interests of justice, unanimously affirmed, without costs.
Respondent was not deprived of due process, and a new trial is not warranted in the interests of justice. Although petitioner’s psychologist provided erroneous testimony regarding respondent’s score on the Static-99 risk assessment instrument, there was other overwhelming evidence of mental abnormality presented at trial, including the admission of respondent’s own expert that respondent was predisposed to commit sex offenses. Concur — Mazzarelli, J.P., Saxe, Renwick, Richter and Abdus-Salaam, JJ.