State v. Motzer, 79 A.D.3d 1687 (N.Y. App. Div. 4th Dep't 2010). · Go Syfert
State v. Motzer, 79 A.D.3d 1687 (N.Y. App. Div. 4th Dep't 2010). Cases Citing This Book View Copy Cite
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At page 1688 Determining dangerous sex offender status and expert testimony reliability29 citing cases“rely on all the relevant facts and circumstances tending to establish that respondent was a dangerous sex offender,”9 citing courts quote it · 20 listed here
  • Benevolent & Prot. Order of Elks of United States of Am. & N. Tonawanda Lodge No. 860 of Benevolent & Prot. Order of Elks of United States of Am. v. Creative Comfort Sys., Inc., 192 A.D.3d 1608 (N.Y. App. Div. 4th Dep't 2021).published
    Servs., Inc. , 117 AD3d 1421 , 1422 [4th Dept 2014], lv denied 23 NY3d 909 [2014]; Matter of State of New York v Motzer , 79 AD3d 1687, 1688 [4th Dept 2010]), it was the sole basis for the opinion of defendants' expert on replacement costs.
  • Tornatore v. Cohen, 2018 NY Slip Op 4145 (N.Y. App. Div. 4th Dep't 2018).published
    "The professional reliability exception to the hearsay rule enables an expert witness to provide opinion evidence based on otherwise inadmissible hearsay, provided it is demonstrated to be the type of material commonly relied on in the pro…
  • Matter of State of New York v. William J., 151 A.D.3d 1890 (N.Y. App. Div. 4th Dep't 2017).published
    We note at the outset that Supreme Court “was not limited to considering only the facts of the SIST violations” that prompted this revocation proceeding but, rather, it was entitled to “rely on all the relevant facts and circumstances tend…
  • State v. DeCapua, 121 A.D.3d 1599 (N.Y. App. Div. 4th Dep't 2014).published 2 cites
    Supreme Court “was not limited to considering only the facts of the SIST violations” that prompted this revocation proceeding but, rather, it was entitled to “rely on all the relevant facts and circumstances tending to establish that respo…
  • In re Guttmacher, 45 Misc. 3d 933 (N.Y. Sup. Ct. 2014).published
    (an expert witness may provide opinion evidence based on otherwise inadmissible hearsay, provided it is demonstrated to be the type of material commonly relied on in the profession)
  • Caleb v. Sevenson Env't Servs., Inc., 117 A.D.3d 1421 (N.Y. App. Div. 4th Dep't 2014).published 2 cites
    “The professional reliability exception to the hearsay rule ‘enables an expert witness to provide opinion evidence based on otherwise inadmissible hearsay, provided it is demonstrated to be the type of material commonly relied on in the pr…
  • State v. Matter, 109 A.D.3d 1181 (N.Y. App. Div. 4th Dep't 2013).published 2 cites
    Contrary to respondent’s contention, we conclude that petitioner established by clear and convincing evidence at the hearing that respondent is a dangerous sex offender requiring confinement (see Mental Hygiene Law §§ 10.07 [f]; 10.11 [d]…
  • State v. Schraenkler, 108 A.D.3d 1087 (N.Y. App. Div. 4th Dep't 2013).published 2 cites
    Those experts relied on the underlying facts of the 1991 charge in forming their opinions that respondent suffered from a mental abnormality and each testified that such evidence was considered reliable in their profession (see generally M…
  • Skinner v. State, 108 A.D.3d 1134 (N.Y. App. Div. 4th Dep't 2013).published 2 cites
    We reject petitioner’s further contention that respondents failed to prove by clear and convincing evidence that he is a dangerous sex offender requiring continued confinement (see generally Matter of State of New York v High, 83 AD3d 1403…
  • Greene v. Robarge, 104 A.D.3d 1073 (N.Y. App. Div. 3d Dep't 2013).published 2 cites
    Here, Schockmel testified — without contradiction — that information obtained from collateral sources is commonly relied upon within her profession when conducting a forensic psychological evaluation in the context of a custody proceeding…
Show 10 more citing cases
  • State v. Matter, 103 A.D.3d 1113 (N.Y. App. Div. 4th Dep't 2013).published 2 cites
    Further, in determining whether a party is a dangerous sex offender, a court may “rely on all the relevant facts and circumstances” (Matter of State of New York v Motzer, 79 AD3d 1687, 1688 [2010]).
  • State v. Timothy EE., 97 A.D.3d 996 (N.Y. App. Div. 2012).published 2 cites
    Also, as Etu was permitted to rely upon information gleaned from respondent’s prison records in forming his opinion as to whether respondent was dangerous and should be confined, we cannot say that Supreme Court erred in permitting Etu to…
  • State v. Hall, 96 A.D.3d 1460 (N.Y. App. Div. 4th Dep't 2012).published 2 cites
    “The professional reliability exception to the hearsay rule ‘enables an expert witness to provide opinion evidence based on otherwise inadmissible hearsay, provided it is demonstrated to be the type of material commonly relied on in the pr…
  • State v. Boutelle, 85 A.D.3d 1607 (N.Y. App. Div. 4th Dep't 2011).published
    In determining whether petitioner met that burden, a court may “rely on all the relevant facts and circumstances” (Matter of State of New York v Motzer, 79 AD3d 1687, 1688 [2010]).
  • State v. Mark S., 87 A.D.3d 73 (N.Y. App. Div. 3d Dep't 2011).published
    The documentary evidence at issue — presentence reports, SORA records and parole revocation records — was properly relied upon by Lord in forming his expert opinion because, as Lord testified without contradiction (see People v Goldstein,…
  • Matter of State of New York v. Scott P., 247 A.D.3d 1518 (N.Y. App. Div. 4th Dep't 2026).published
    It is well established that the court, "as the trier of fact, was in the best position to evaluate the weight and credibility of the conflicting [psychological] testimony presented" and we see no reason to disturb its decision to credit th…
  • State v. Smith, 85 A.D.3d 1606 (N.Y. App. Div. 4th Dep't 2011).published
    We are “[mjindful that Supreme Court was in the best position to evaluate the weight and credibility of the conflicting psychiatric testimony presented . . . , [and] we defer to the court’s decision to credit [the testimony of petitioner’s…
  • State of New York v. Decapua, Steven, No. CA 13-00483 (N.Y. App. Div. 4th Dep't Oct. 3, 2014).published
  • State of New York v. Matter, Michael, No. CA 11-02568 (N.Y. App. Div. 4th Dep't Feb. 1, 2013).published
  • State of New York v. Boutelle, David, No. CA 10-01767 (N.Y. App. Div. 4th Dep't June 10, 2011).published
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
In the Matter of State of New York
v.
Michael Motzer, an Inmate in the Custody of New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York.
Dec 30, 2010.
Published opinion
79 A.D.3d 1687
Cited by 38 opinions  |  Published

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered October 19, 2009 in a proceeding pursuant to Mental Hygiene Law article 10. The order, inter alia, determined that respondent is a dangerous sex offender requiring confinement.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order determining that he is a dangerous sex offender requiring confinement pursuant to Mental Hygiene Law § 10.11 (d) and committing him to a secure treatment facility. Respondent previously consented to a finding that he is a sex offender who suffers from a mental abnormality requiring strict and intensive supervision and treatment (SIST) pursuant to Mental Hygiene Law § 10.11. Less than a month after his release into the community under the SIST conditions, respondent was arrested upon his parole officer’s report that he had violated certain SIST conditions.

[*1688] Contrary to respondent’s contention, petitioner established by clear and convincing evidence at the hearing that respondent is a dangerous sex offender requiring confinement (see Mental Hygiene Law § 10.07 [f|; § 10.11 [d] [4]). Petitioner presented the testimony of respondent’s parole officer, as well as an expert psychologist who evaluated respondent. Contrary to respondent’s contention, Supreme Court was not limited to considering only the facts of the SIST violations; rather, the court could rely on all the relevant facts and circumstances tending to establish that respondent was a dangerous sex offender requiring confinement (see generally Matter of State of New York v Timothy JJ., 70 AD3d 1138, 1142-1143 [2010]). Further, although respondent presented the testimony of his own expert psychologist whose opinion differed from that of petitioner’s expert, the court was in the best position to evaluate the weight and credibility of that conflicting testimony (see Matter of State of New York v Donald N., 63 AD3d 1391, 1394 [2009]).

Respondent contends that the court erred in allowing petitioner’s expert psychologist to offer an opinion because that opinion was based in part on interviews with collateral sources who did not testify at trial, i.e., respondent’s treatment providers at the psychiatric hospital. We reject that contention. The professional reliability exception to the hearsay rule “enables an expert witness to provide opinion evidence based on otherwise inadmissible hearsay, provided it is demonstrated to be the type of material commonly relied on in the profession” (Hinlicky v Dreyfuss, 6 NY3d 636, 648 [2006]; see Hambsch v New York City Tr. Auth., 63 NY2d 723, 725-726 [1984]; Matter of Murphy v Woods, 63 AD3d 1526 [2009]). Here, the expert testified that the statements of a respondent’s treatment providers are commonly relied upon by the profession when conducting a psychological examination to determine whether a respondent is a dangerous sex offender requiring confinement (see generally People v Goldstein, 6 NY3d 119, 124-125 [2005], cert denied 547 US 1159 [2006]).

We reject respondent’s further contention that the court erred in allowing petitioner’s expert psychologist to give hearsay testimony regarding her conversations with respondent’s treatment providers. “ ‘[H]earsay testimony given by [an] expert[ ] is admissible for the limited purpose of informing the jury of the basis of the expert[’s] opinion[ ] and not for the truth of the matters related’ ” (Matter of State of New York v Wilkes [appeal No. 2], 77 AD3d 1451, 1453 [2010]). The expert gave limited hearsay testimony on direct examination with respect to a conversation she had with one of respondent’s treatment provid[*1689]ers, and she testified that she relied on the hearsay information to form her opinion on the case. We thus conclude that the limited amount of hearsay information was “properly admitted after the court determined that its purpose was to explain the basis for the expert[’s] opinion[ ], not to establish the truth of the hearsay material, and that any prejudice to respondent from that testimony was outweighed by its probative value in assisting the [court] in understanding the basis for [the] expert’s opinion” (id. at 1453). Present — Smith, J.P, Centra, Fahey, Peradotto and Pine, JJ.