State v. Shannon S.

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Justia Opinion Summary

Respondent had an extensive criminal record that included various sexual offenses involving nonconsenting or underage, adolescent victims. A licensed psychologist examined Respondent and concluded that he suffered from a mental abnormality within N.Y. Mental Hyg. Law 10 that predisposed him to the commission of sexual offenses and made it difficult for him to control such behavior. Thereafter, the State filed a petition commencing a proceeding under article 10 for the civil management of Respondent. Supreme court concluded Respondent suffered from a mental abnormality under article 10. Respondent was found to be a dangerous sex offender and was ordered to be civilly committed. The appellate division affirmed. Respondent appealed, contending that absent a diagnosis of a mental disease or disorder listed within the Diagnostic and Statistical Manual of Mental Disorders (DSM), the evidence was legally insufficient to support a determination that an individual suffers from a mental abnormality under the Mental Hygiene Law. The Court of Appeals affirmed, holding (1) the evidence showed Respondent was diagnosed by the State's experts as suffering from paraphilia NOS, a mental condition included in the DSM; and (2) the evidence supported a finding that Respondent suffered from a mental abnormality within article 10.

Matter of George 2013 NY Slip Op 03869 Decided on May 30, 2013 Court of Appeals 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 May 30, 2013
No. 172 In the Matter of the Honorable

[*1]Glen R. George, a Justice of the Middletown Town Court, Delaware County, Petitioner, State Commission on Judicial Conduct, Respondent.

Thomas K. Petro, for petitioner.
Robert H. Tembeckjian, for respondent.

On the Court's own motion, it is determined that Honorable Glen R. George is suspended, with pay, effective immediately, from the office of Justice of the Middletown Town Court, Delaware County, pursuant to NY Constitution, article VI, § 22 and Judiciary Law
§ 44(8). Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.
Decided May 30, 2013