State v. Kenneth BB., 93 A.D.3d 900 (N.Y. App. Div. 3d Dep't 2012). · Go Syfert
State v. Kenneth BB., 93 A.D.3d 900 (N.Y. App. Div. 3d Dep't 2012). Cases Citing This Book View Copy Cite
26 citation events (26 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2012 → 2026 · click a year to view as-of
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At page 901 “the evidence did not preponderate so greatly in respondent's favor that the jury's conclusion was unreachable under any fair interpretation of the evidence”7 citing cases2 citing courts quote it
  • Matter of State of New York v. David J., 2018 NY Slip Op 8717 (N.Y. App. Div. 3d Dep't 2018).published
    Kirschner opined that "it's the combination of the various disorders that . . . sets the stage for [respondent's] sexual re-offending." Cox similarly opined that the interaction of respondent's disorders, fetishes and hypersexuality make i…
  • State v. Timothy BB., 113 A.D.3d 18 (N.Y. App. Div. 2013).published 2 cites
    We give great deference “to the jury’s credibility determinations and resolution of the conflicting testimony” (Matter of State of New York v Kenneth BB., 93 AD3d 900, 901-902 [2012]; see Matter of State of New York v Timothy EE., 97 AD3d…
  • State v. Steur, 102 A.D.3d 481 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
    The court was entitled to rely on the testimony and report of its appointed expert that there could be no assurances that respondent would not re-offend and that the only way to test this would be to return him to SIST (see Matter of State…
  • State v. Peter Y., 99 A.D.3d 1059 (N.Y. App. Div. 2012).published 2 cites
    Initially, the record belies respondent’s assertion that petitioner failed to establish by clear and convincing evidence that he suffers from a mental abnormality within the meaning of the Mental Hygiene Law (see Matter of State of New Yor…
  • State v. James Z., 97 A.D.3d 1046 (N.Y. App. Div. 2012).published 2 cites
    In considering the expert opinions, however, “the jury was free to make its own credibility determinations and weigh the competing expert testimonies accordingly” (Matter of State of New York v Kenneth BB., 93 AD3d 900, 901 [2012]).
  • State v. Timothy EE., 97 A.D.3d 996 (N.Y. App. Div. 2012).published 4 cites
    Despite these conflicting expert opinions regarding whether respondent is a sexual sadist, we give deference to the jury’s credibility determinations and find that “ ‘the evidence did not preponderate so greatly in respondent’s favor that…
  • Matter of State of New York v. Joel Z., 2025 NY Slip Op 04055 (N.Y. App. Div. 3d Dep't 2025).published 2 cites
    "Where the record demonstrates that there was a valid line of reasoning by which the jury could conclude that the respondent suffered from a mental abnormality as defined in Mental Hygiene Law § 10.03 (i), the verdict is supported by legal…
At page 902 “was in the best position to evaluate the credibility of the expert witnesses and weigh the conflicting expert testimony, and we accord deference to its decision to credit the testimony of respondent's expert over that of petitioner 's expert”7 citing casesthe opinion's own words at *902, quoted by 2 later opinions
  • Matter of State of New York v. Tony A., 2023 NY Slip Op 00357 (N.Y. App. Div. 3d Dep't 2023).published
    While the experts differed as to respondent's likelihood to adapt his sexual behavior to conform to his disabilities in assessing his likelihood to reoffend, Supreme Court was in the best position to evaluate matters of credibility pertain…
  • Matter of State of New York v. Justin R., 131 N.Y.S.3d 747 (N.Y. App. Div. 3d Dep't 2020).published
    Deferring to Supreme Court's weight and credibility determinations ( see Matter of State of New York v Barry W. , 114 AD3d at 1095), and according deference to the court's decision "to credit the testimony of petitioner's expert over that…
  • Juan U. v. State, 149 A.D.3d 1300 (N.Y. App. Div. 3d Dep't 2017).published 2 cites
    Supreme Court “was in the best position to evaluate the credibility of the expert witnesses and weigh the conflicting expert testimony, and we accord deference to its decision to credit the testimony of [respondent]'s expert over that of […
  • Matter of Sincere KK. v. State of New York, 129 A.D.3d 1254 (N.Y. App. Div. 3d Dep't 2015).published
    Based on our independent review of the record, and deferring to Supreme Court’s ability to evaluate the weight and credibility of the expert’s testimony (see Matter of State of New York v Timothy EE., 97 AD3d 996, 998 [2012]; Matter of Sta…
  • State v. Barry W., 114 A.D.3d 1093 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Based upon our independent review of the record, and according due deference to Supreme Court’s credibility determinations (see Matter of State of New York v Walter W., 94 AD3d at 1180 ; Matter of State of New York v Kenneth BB., 93 AD3d 9…
  • William v. State, 110 A.D.3d 1282 (N.Y. App. Div. 3d Dep't 2013).published 2 cites
    Expert testimony is typically presented by respondent and, since the trier of fact is in the best position to evaluate the weight and credibility of the expert testimony, we accord deference to its determination regarding such proof (see M…
  • Charles A. v. State, 101 A.D.3d 1535 (N.Y. App. Div. 2012).published 2 cites
    These representations do not raise questions of credibility, as to which we defer to Supreme Court’s superior opportunity to hear the testimony and observe the witnesses (see Matter of State of New York v Timothy EE., 97 AD3d 996, 998 [201…
Retrieving the full opinion text from the archive…
In the Matter of State of New York
v.
Kenneth BB.
Appellate Division of the Supreme Court of the State of New York.
Mar 1, 2012.
Published opinion
93 A.D.3d 900
Malone.
Cited by 24 opinions  |  Published
Malone Jr., J.

In 2008, petitioner commenced this proceeding against respondent, a detained sex offender, seeking his civil management pursuant to Mental Hygiene Law article 10 (see Mental Hygiene[*901] Law § 10.03 [g]; § 10.06 [a]). Supreme Court found probable cause to believe that respondent was a sex offender requiring civil management (see Mental Hygiene Law § 10.06 [g], [k]; § 10.03 [q]). Following a jury trial, respondent was found to be a detained sex offender who suffers from a mental abnormality (see Mental Hygiene Law § 10.03 [i]; § 10.07 [d]) and, following a dispositional hearing, Supreme Court adjudicated respondent a dangerous sex offender requiring confinement, and ordered him confined to a secure treatment facility (see Mental Hygiene Law § 10.07 [f]; § 10.03 [e]). Respondent appeals.

To the extent that respondent argues that the jury’s verdict is not supported by legally sufficient evidence, we are not persuaded. Upon our review of the record, we find that there was a valid line of reasoning by which the jury concluded that respondent suffers from a mental abnormality (see Mental Hygiene Law § 10.03 [i]; Matter of State of New York v Anonymous, 82 AD3d 1250, 1251 [2011], lv denied 17 NY3d 702 [2011]). Respondent further contends that the jury’s verdict is against the weight of the evidence and the jury erred by crediting the testimony of petitioner’s expert over that of his own expert. Petitioner’s expert testified that he had reviewed the relevant records and interviewed respondent before concluding that respondent suffered from pedophilia, polysubstance abuse in remission, adjustment disorder with mixed anxiety and depressed mood, and antisocial personality disorder. In light of his findings, petitioner’s expert concluded that respondent suffers from a mental abnormality as that term is defined by the statute (see Mental Hygiene Law § 10.03 [i]). Respondent’s expert testified that he did not consider respondent to be a pedophile because neither of respondent’s rape victims was prepubescent and because the allegations that respondent had also sexually abused a six-year-old child were unsubstantiated. Respondent’s expert further questioned petitioner’s expert’s reliance on the Millón Clinical Mult-Axial Inventory (hereinafter MCMI) in diagnosing respondent as having an antisocial personality disorder because he believed that the MCMI cannot provide a definitive diagnosis of such. We do not agree with respondent’s argument that, given his expert’s credentials, the jury should have given his testimony greater weight than the testimony of petitioner’s expert. Both experts were well qualified and the jury was free to make its own credibility determinations and weigh the competing expert testimonies accordingly. Giving deference to the jury’s credibility determinations and resolution of the conflicting testimony, “the evidence did not preponderate so greatly in respondent’s favor that the jury’s conclusion was unreachable under any fair interpretation of the[*902] evidence” (Matter of State of New York v Myron P., 86 AD3d 26, 29 [2011]; see Matter of State of New York v Richard VV., 74 AD3d 1402, 1403 [2010]; Matter of State of New York v Shawn X., 69 AD3d 165, 169 [2009], lv denied 14 NY3d 702 [2010]). Accordingly, we find no basis upon which to disturb the jury verdict.

Additionally, Supreme Court’s finding that the abnormality from which respondent suffers involves such a strong predisposition to commit sex offenses, and an inability to control his behavior, that he is likely to be a danger to others and to commit sex offenses if he is not confined to a secure treatment facility is supported by clear and convincing evidence (see Mental Hygiene Law § 10.07 [fj; § 10.03 [e]; Matter of State of New York v Craig T., 77 AD3d 1062, 1063 [2010]). Supreme Court, as the trier of fact at the dispositional hearing, was in the best position to evaluate the credibility of the expert witnesses and weigh the conflicting expert testimony, and we accord deference to its decision to credit the testimony of petitioner’s expert over that of respondent’s expert (see Matter of State of New York v Blair, 87 AD3d 1327, 1327 [2011]). In that regard, petitioner’s expert opined that, although respondent’s score on a static actuarial risk assessment instrument placed him in the low to moderate risk category, other dynamic factors increased respondent’s risk of reoffending. These dynamic factors included respondent’s sexual interest in children, his inability to suppress sexual urges — as demonstrated by the fact that respondent committed the instant offenses while on probation — and his distorted attitude about sexual abuse and sexual activities. Petitioner’s expert also testified that, while the results of the psychological testing administered to respondent indicated that he had the potential to adjust in society at some point in the future, respondent’s manipulative, impulsive and aggressive personality traits currently hinder his ability to do so. The expert also considered respondent’s refusal to participate in sex offender treatment while incarcerated, his “abhorrent” behavior while confined to the treatment ward and his inability to comprehend what he needed to do, in terms of developing a relapse prevention plan, in order to avoid reoffending. On this record, Supreme Court’s finding that, at this time, respondent is a dangerous sex offender requiring confinement in a secure treatment facility is supported by clear and convincing evidence and will not be disturbed (see Matter of State of New York v Richard VV., 74 AD3d at 1405).

Rose, J.R, Stein, McCarthy and Egan Jr., JJ, concur. Ordered that the order is affirmed, without costs.