Matter of State of New York v Wilkes

Matter of State of New York v Wilkes 2010 NY Slip Op 07007 [77 AD3d 1454] October 1, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

In the Matter of State of New York, Respondent, v Harold Wilkes, Appellant. (Appeal No. 3.)

—[*1] Emmett J. Creahan, Director, Mental Hygiene Legal Service, Buffalo (Kevin S. Doyle of counsel), for respondent-appellant. Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 11, 2009 in a proceeding pursuant to Mental Hygiene Law article 10. The order, upon a jury verdict, determined that respondent suffers from a mental abnormality that predisposes him to commit sex offenses and makes it unlikely that he will be able to control his behavior.

It is hereby ordered that said appeal is unanimously dismissed without costs (see CPLR 5501 [a] [1]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Pine, JJ. [Prior Case History: 23 Misc 3d 1123(A), 2009 NY Slip Op 50899(U).]