ALBANY – The State Court of Appeals on Tuesday adopted a “flexible” standard on the admissibility of hearsay evidence in sex offender civil confinement matters, holding that the proof can be used to explain an expert’s opinion if it is deemed reliable and the probative value outweighs the prejudicial impact.
Judge Jenny Rivera (See Profile), writing the main opinion, said in Matter of State of New York v. Floyd Y., 182, that hearsay proof was improperly admitted in this particular case out of Oswego County.
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