State v. Clarence D., 82 A.D.3d 776 (N.Y. App. Div. 2011). · Go Syfert
State v. Clarence D., 82 A.D.3d 776 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
57 citation events (57 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of State of New York v. Clyde J.
N.Y. App. Div. · 2016 · confidence medium
In reviewing a determination made after a nonjury trial or hearing, the power of the Appellate Division is as broad as that of the trial or hearing court, and it may render the judgment it finds warranted by the facts, taking into account that in a close case, the trial or hearing judge had the advantage of seeing and hearing the witnesses (see Matter of State of New York v Robert B., 106 AD3d 828, 828 [2013]; Matter of State of New York v Leon F., 84 AD3d 1098, 1100 [2011]; Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]).
discussed Cited as authority (rule) Matter of State of New York v. James K.
N.Y. App. Div. · 2015 · confidence medium
As Supreme Court properly found, Mental Hygiene Law article 10 contains no requirement that both parties must have the same number of expert witnesses (compare Matter of State of New York v Timothy BB., 113 AD3d 18 , 22 [2013], appeal dismissed and lv denied 23 NY3d 941 [2014]; Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]).
discussed Cited as authority (rule) State v. Ted B.
N.Y. App. Div. · 2015 · confidence medium
Initially, we reject Ted B.’s contention that the State failed to sustain its burden of proving by clear and convincing evidence that he suffers from a mental abnormality and is a dangerous sex offender requiring confinement (see id.; Matter of State of New York v Raul L., 120 AD3d 52, 58-60 [2014]; Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]).
discussed Cited as authority (rule) State v. Ted B.
N.Y. App. Div. · 2015 · confidence medium
Initially, we reject Ted B.’s contention that the State failed to sustain its burden of proving by clear and convincing evidence that he suffers from a mental abnormality and is a dangerous sex offender requiring confinement (see id.; Matter of State of New York v Raul L., 120 AD3d 52, 58-60 [2014]; Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]).
discussed Cited as authority (rule) Matter of State of New York v. Carl S.
N.Y. App. Div. · 2015 · confidence medium
Further, the Supreme Court properly found, after the dispositional hearing, by clear and convincing evidence, that the appellant is a “dangerous sex offender” as that term is defined in article 10, requiring that he be civilly confined (see Mental Hygiene Law § 10.07 [f]; Matter of State of New York v Clarence D., 82 AD3d 776, 777-778 [2011]; Matter of State of New York v Anonymous, 82 AD3d at 1252).
discussed Cited as authority (rule) Matter of State of New York v. Eric P.
N.Y. App. Div. · 2015 · confidence medium
The Supreme Court properly found, by clear and convincing evidence, after a dispositional hearing, that the appellant’s level of dangerousness required that he be confined to a secure treatment facility for care and treatment, rather than be subject to strict and intense supervision and treatment (hereinafter SIST) (see Mental Hygiene Law § 10.07 [f]; Matter of State of New York v Edison G., 107 AD3d 723 [2013]; Matter of State of New York v Andre L., 84 AD3d 1248, 1251 [2011]; Matter of State of New York v Clarence D., 82 AD3d 776, 778 [2011]).
discussed Cited as authority (rule) Matter of State of New York v. Abdul A.
N.Y. App. Div. · 2014 · confidence medium
In reviewing a determination made after a nonjury trial or hearing, the power of the Appellate Division is as broad as that of the trial or hearing court, and it may render the judgment it finds warranted by the facts, taking into account that in a close case, the trial or hearing judge had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Robert B., 106 AD3d 828, 828 [2013]; Matter of State of New York v Leon F., 84 AD3d 1098, 1100 [2011]; Matter of State of New York v …
discussed Cited as authority (rule) Matter of State of New York v. Leroy P.
N.Y. App. Div. · 2014 · confidence medium
After the dispositional hearing, the Supreme Court properly found, by clear and convincing evidence, that the appellant’s level of dangerousness required confinement, rather than his participation in a SIST regimen (see Mental Hygiene Law § 10.07 [f]; Matter of William II. v State of New York, 110 AD3d 1282, 1283 [2013]; Matter of State of New York v Lonard ZZ., 100 AD3d 1279, 1281 [2012]; Matter of State of New York v Clarence D., 82 AD3d 776, 778 [2011]).
discussed Cited as authority (rule) Matter of State of New York v. Dennis K.
N.Y. App. Div. · 2014 · confidence medium
The Supreme Court properly found, by clear and convincing evidence, after the dispositional hearing, that the appellant’s level of dangerousness is such that he required confinement, rather than strict and intensive supervision (see Mental Hygiene Law § 10.07 [f]; Matter of State of New York v Larry B., 113 AD3d 865, 867 [2014]; Matter of State of New York v Lonard ZZ., 100 AD3d 1279, 1281 [2012]; Matter of State of New York v Clarence D., 82 AD3d 776, 777-778 [2011]; Matter of State of New York v Derrick B., 68 AD3d 1124, 1127 [2009]).
discussed Cited as authority (rule) State v. Angel P.
N.Y. App. Div. · 2014 · confidence medium
In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court, and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]).
discussed Cited as authority (rule) State v. Angel P.
N.Y. App. Div. · 2014 · confidence medium
In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court, and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]).
discussed Cited as authority (rule) State v. Larry B.
N.Y. App. Div. · 2014 · confidence medium
Furthermore, the Supreme Court properly found, after the dispositional hearing, by clear and convincing evidence, that the appellant’s level of dangerousness requires confinement rather than SIST (see Mental Hygiene Law § 10.07 [f]; Matter of William II. v State of New York, 110 AD3d 1282, 1283 [2013]; Matter of State of New York v Lonard ZZ., 100 AD3d 1279, 1281 [2012]; Matter of State of New York v Clarence D., 82 AD3d 776, 778 [2011]).
discussed Cited as authority (rule) State v. Larry B.
N.Y. App. Div. · 2014 · confidence medium
Furthermore, the Supreme Court properly found, after the dispositional hearing, by clear and convincing evidence, that the appellant’s level of dangerousness requires confinement rather than SIST (see Mental Hygiene Law § 10.07 [f]; Matter of William II. v State of New York, 110 AD3d 1282, 1283 [2013]; Matter of State of New York v Lonard ZZ., 100 AD3d 1279, 1281 [2012]; Matter of State of New York v Clarence D., 82 AD3d 776, 778 [2011]).
discussed Cited as authority (rule) State v. Carmelo M.
N.Y. App. Div. · 2013 · confidence medium
Further, the Supreme Court properly found, after the dispositional hearing, by clear and convincing evidence, that the appellant’s level of dangerousness requires that he be confined rather than being subject to strict and intense supervision (see Mental Hygiene Law § 10.07 [f]; Matter of State of New York v Clarence D., 82 AD3d 776, 777-778 [2011]; Matter of State of New York v Anonymous, 82 AD3d at 1252).
discussed Cited as authority (rule) State v. Carmelo M.
N.Y. App. Div. · 2013 · confidence medium
Further, the Supreme Court properly found, after the dispositional hearing, by clear and convincing evidence, that the appellant’s level of dangerousness requires that he be confined rather than being subject to strict and intense supervision (see Mental Hygiene Law § 10.07 [f]; Matter of State of New York v Clarence D., 82 AD3d 776, 777-778 [2011]; Matter of State of New York v Anonymous, 82 AD3d at 1252).
discussed Cited as authority (rule) State v. Edison G.
N.Y. App. Div. · 2013 · confidence medium
The Supreme Court properly found, after the dispositional hearing, by clear and convincing evidence, that the appellant’s level of dangerousness requires that he be confined rather than be subject to strict and intense supervision (see Mental Hygiene Law § 10.07 [f]; Matter of State of New York v Andre L., 84 AD3d at 1251 ; Matter of State of New York v Clarence D., 82 AD3d 776, 778 [2011]; Matter of State of New York v Steven L., 66 AD3d 788, 789-790 [2009]).
discussed Cited as authority (rule) State v. Edison G.
N.Y. App. Div. · 2013 · confidence medium
The Supreme Court properly found, after the dispositional hearing, by clear and convincing evidence, that the appellant’s level of dangerousness requires that he be confined rather than be subject to strict and intense supervision (see Mental Hygiene Law § 10.07 [f]; Matter of State of New York v Andre L., 84 AD3d at 1251 ; Matter of State of New York v Clarence D., 82 AD3d 776, 778 [2011]; Matter of State of New York v Steven L., 66 AD3d 788, 789-790 [2009]).
discussed Cited as authority (rule) State v. Robert B.
N.Y. App. Div. · 2013 · confidence medium
“In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses” (Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]; see Northern Westchester Professional Park Assoc. v Town of Bed-ford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Leon F., 84 AD3d 1098, 1100 [2011]).
discussed Cited as authority (rule) State v. Kenneth T.
N.Y. App. Div. · 2013 · confidence medium
“In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses” (Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]; see Northern Westchester Professional Park Assoc. v Town of Bed-ford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Leon F., 84 AD3d 1098, 1100 [2011]).
discussed Cited as authority (rule) State v. Robert B.
N.Y. App. Div. · 2013 · confidence medium
“In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses” (Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]; see Northern Westchester Professional Park Assoc. v Town of Bed-ford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Leon F., 84 AD3d 1098, 1100 [2011]).
discussed Cited as authority (rule) State v. Kenneth T.
N.Y. App. Div. · 2013 · confidence medium
“In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses” (Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]; see Northern Westchester Professional Park Assoc. v Town of Bed-ford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Leon F., 84 AD3d 1098, 1100 [2011]).
discussed Cited as authority (rule) State v. Nelson D.
N.Y. App. Div. · 2013 · confidence medium
Furthermore, the Supreme Court properly found, after the dispositional hearing, by clear and convincing evidence, that the appellant is a dangerous sex offender requiring confinement rather than strict and intense supervision (see Mental Hygiene Law § 10.07 [f]; Matter of State of New York v Andre L., 84 AD3d at 1250 ; Matter of State of New York v Clarence D., 82 AD3d 776, 777-778 [2011]).
discussed Cited as authority (rule) State v. Nelson D.
N.Y. App. Div. · 2013 · confidence medium
Furthermore, the Supreme Court properly found, after the dispositional hearing, by clear and convincing evidence, that the appellant is a dangerous sex offender requiring confinement rather than strict and intense supervision (see Mental Hygiene Law § 10.07 [f]; Matter of State of New York v Andre L., 84 AD3d at 1250 ; Matter of State of New York v Clarence D., 82 AD3d 776, 777-778 [2011]).
examined Cited as authority (rule) State v. R.W. (3×)
N.Y. App. Div. · 2012 · confidence medium
In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court, and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]).
examined Cited as authority (rule) State v. R.W. (3×)
N.Y. App. Div. · 2012 · confidence medium
In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court, and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]).
discussed Cited as authority (rule) State v. Alfredo M.
N.Y. App. Div. · 2012 · confidence medium
In reviewing a finding made after a nonjury trial, the power of this Court is as broad as that of the trial court, and this Court may render the judgment that it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Andrew J.W., 85 AD3d 805, 806 [2011]; Matter of State of New York v Leon F., 84 AD3d 1098, 1100 [2011]; Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]).
discussed Cited as authority (rule) State v. Alfredo M.
N.Y. App. Div. · 2012 · confidence medium
In reviewing a finding made after a nonjury trial, the power of this Court is as broad as that of the trial court, and this Court may render the judgment that it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Andrew J.W., 85 AD3d 805, 806 [2011]; Matter of State of New York v Leon F., 84 AD3d 1098, 1100 [2011]; Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]).
discussed Cited as authority (rule) State v. Spencer D.
N.Y. App. Div. · 2012 · confidence medium
“In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses” (Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]; see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Leon F., 84 AD3d 1098, 1100 [2011]).
discussed Cited as authority (rule) State v. Spencer D.
N.Y. App. Div. · 2012 · confidence medium
“In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses” (Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]; see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Matter of State of New York v Leon F., 84 AD3d 1098, 1100 [2011]).
discussed Cited as authority (rule) State v. Leon F.
N.Y. App. Div. · 2011 · confidence medium
“In reviewing a determination made after a nonjtiry trial, the power of the Appellate Division is as broad as that of the trial court and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses” (Matter of State of New York v Clarence D., 82 AD3d 776, 777 [2011]; see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; 6243 Jericho Realty Corp. v AutoZone, Inc., 71 AD3d 983, 984 [2010]).
Retrieving the full opinion text from the archive…
In the Matter of State of New York
v.
Clarence D.
Appellate Division of the Supreme Court of the State of New York.
Mar 1, 2011.
82 A.D.3d 776
Cited by 43 opinions  |  Published

This appeal arises from a proceeding pursuant to Mental Hygiene Law article 10, also known as the Sex Offender Management and Treatment Act (hereinafter SOMTA). The appellant was convicted of sexual abuse in the first degree, upon his plea of guilty, based on a rape that occurred in March 1996. The appellant was sentenced to seven years of incarceration. At the same time, he was also sentenced to a 7-to-14-year indeterminate concurrent term of incarceration for an arson he had committed in 1994.

The appellant completed his sentence on the sexual abuse conviction in March 2003, but remained in prison on the arson conviction. As the date of the appellant’s possible release date drew near, the State Commissioner of Mental Health appointed a case review team to perform an evaluation (see Mental Hygiene Law § 10.05 [a], [d], [e]). Based on the case review team’s report, the Attorney General filed the instant petition for civil management of the appellant pursuant to SOMTA.

The Supreme Court conducted a nonjury trial (see Mental Hygiene Law § 10.07 [a], [b]), after which it found that the appellant was a “detained sex offender” under SOMTA and suffers from a “mental abnormality” as that phrase is defined in SOMTA (see Mental Hygiene Law § 10.07 [d]; § 10.03 [g], [i]). Thereafter, the Supreme Court conducted a dispositional hearing, after which it determined that the appellant was a danger[*777] ous sex offender requiring civil confinement and ordered such confinement (see Mental Hygiene Law § 10.07 [f]).

In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; 6243 Jericho Realty Corp. v AutoZone, Inc., 71 AD3d 983, 984 [2010]; see also Matter of Jeremiah S. [New York State Commr. of Mental Health], 69 AD3d 730, 732 [2010]).

The trial evidence supports the Supreme Court’s determination that the appellant suffers from a “mental abnormality.” SOMTA defines “mental abnormality” as “a congenital or acquired condition, disease or disorder that affects the emotional, cognitive, or volitional capacity of a person in a manner that predisposes him or her to the commission of conduct constituting a sex offense and that results in that person having serious difficulty in controlling such conduct” (Mental Hygiene Law § 10.03 [i]).

At trial, the State’s experts, a psychologist and a psychiatrist, testified that the appellant suffered from pedophilia and that his continuing sexual attraction to children made it unlikely that he could control his impulses once he was released into the community. Under these circumstances, the Supreme Court’s determination that the appellant suffers from a mental abnormality was warranted by the facts (see Mental Hygiene Law § 10.03 [i]; Matter of State of New York v Derrick B., 68 AD3d 1124, 1126-1127 [2009]).

The Supreme Court properly determined, after the dispositional hearing, that the respondent is a dangerous sex offender requiring confinement (see Mental Hygiene Law § 10.07 [f]). At that hearing, the State’s experts testified that the appellant’s lack of social support, his inability to form relationships with adults, his lack of concern for other people, and his limited mental capacity made it likely that he would again abuse children if he were allowed to live in the community. Moreover, even though the appellant had successfully completed two sex offender treatment programs while incarcerated, statements he made to the State’s expert showed that he had “backtracked significantly” and refused to take full responsibility for his actions. Although the appellant’s expert testified at the dispositional hearing that the appellant was not a dangerous sex offender requiring confinement, he also acknowledged that the[*778] appellant lacked the cognitive ability to integrate the material he learned in treatment and that he probably continued to be sexually attracted to children “given the chrqnicity of his pedophilia and the limited amount of treatment he has completed.” Under these circumstances, the Supreme Court properly determined that the appellant is a dangerous sex offender requiring confinement and properly directed that he be committed to a secure treatment facility for care, treatment, and control until such time as he no longer requires confinement (see Mental Hygiene Law § 10.07 [f]; Matter of State of New York v Derrick B., 68 AD3d at 1127).

The appellant’s remaining contentions are without merit. Prudenti, EJ., Eng, Belen and Sgroi, JJ., concur.