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State of New York, Respondent v. John P. (Anonymous), Appellant

The order of the Appellate Division should be affirmed, without costs.

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The order of the Appellate Division should be affirmed, without costs.

In this proceeding under Mental Hygiene Law article 10 (the Sex Offender Management and Treatment Act), appellant was found to be a dangerous sex offender requiring confinement. The evidence offered by the State included the testimony of a psychologist who had examined appellant as part of a screening process to decide whether an article 10 petition should be filed. Such examinations are authorized by Mental Hygiene Law §10.05 (e), which says that where a detained sex offender is referred to a “case review team” for evaluation, the case review team “may arrange for a psychiatric examination.” The psychologist testified that, during the examination, appellant had admitted to having sexual contact with three children in addition to those mentioned in the records of appellant’s sex crimes.

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