IN RE THE STATE OF NEW YORK, pet-res, v. ROBERT V., res-res

11135. IN RE THE STATE OF NEW YORK, pet-res, v. ROBERT V., res-res — Steven N. Feinman, White Plains, for ap — Eric T. Schneiderman, Attorney General, New York (Andrew W. Amend of counsel), for res — Order, Supreme Court, Bronx County (Colleen D. Duffy, J.), entered on or about September 25, 2012, which, upon a jury verdict finding that respondent is a detained sex offender who has committed a designated felony that was “sexually motivated” within the meaning of Mental Hygiene Law §10.03(g)(4), and that respondent suffers from a “mental abnormality,” determined that respondent is a dangerous sex offender requiring confinement, unanimously affirmed, without costs.

The jury’s verdict that respondent committed a “designated felony” that was “sexually motivated” was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348 [2007]; Rose v. Conte, 107 AD3d 481, 483 [1st Dept 2013]). Expert testimony and respondent’s own testimony constituted clear and convincing evidence that the acts constituting respondent’s 1994 offenses of two counts of first-degree robbery and one count of attempted first-degree robbery were “committed in whole or in substantial part for the purpose of [respondent's] direct sexual gratification” (Mental Hygiene Law §10.03[s]). Among other things, it is undisputed that when committing first-degree robbery in July 1994, respondent confronted a fourteen-year-old girl in an elevator with a knife, and forced her to expose her breasts and perform oral sex on him.