Matter of State of New York v Powell

Matter of Matter of State of New York v Powell 2012 NY Slip Op 02057 Decided on March 20, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 20, 2012
Mazzarelli, J.P., Saxe, Renwick, Richter, Abdus-Salaam, JJ. 7142-
30013/10

[*1]7143 Matter of The State of New York, Petitioner-Respondent,

v

Bobby Powell, Respondent-Appellant.




Marvin Bernstein, Mental Hygiene Legal Service, New York
(Sadie Zea Ishee of counsel), for appellant.
Eric T. Schneiderman, Attorney General, New York (Patrick J.
Walsh of counsel), for respondent.

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.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 20, 2012

CLERK