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STATE OF NEW YORK, res, v. RICHARD S. (ANONYMOUS), ap

MATTER OF STATE OF NEW YORK, res, v. RICHARD S. (ANONYMOUS), ap — (INDEX NO. 180/12)In a proceeding pursuant to Mental Hygiene Law article 10 for the civil management of Richard S., a sex offender allegedly requiring civil management, Richard S. appeals from an order of the Supreme Court, Queens County (Holder, J.), entered August 19, 2014, which, upon a finding, made after a jury trial, that he suffers from a mental abnormality as defined in Mental Hygiene Law §10.03(i), and upon a determination, made after a dispositional hearing, that he is currently a dangerous sex offender requiring civil confinement, granted the petition and directed that he be committed to a secure treatment facility for care and treatment.

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MATTER OF STATE OF NEW YORK, res, v. RICHARD S. (ANONYMOUS), ap — (INDEX NO. 180/12)In a proceeding pursuant to Mental Hygiene Law article 10 for the civil management of Richard S., a sex offender allegedly requiring civil management, Richard S. appeals from an order of the Supreme Court, Queens County (Holder, J.), entered August 19, 2014, which, upon a finding, made after a jury trial, that he suffers from a mental abnormality as defined in Mental Hygiene Law §10.03(i), and upon a determination, made after a dispositional hearing, that he is currently a dangerous sex offender requiring civil confinement, granted the petition and directed that he be committed to a secure treatment facility for care and treatment.

ORDERED that the matter is remitted to the Supreme Court, Queens County, for the purpose of conducting a Frye hearing (Frye v. United States, 293 F 1013 [DC Cir 1923]) to resolve the question of whether the diagnosis of paraphilia NOS, nonconsent, has achieved general acceptance in the psychiatric and psychological communities so as to make expert testimony on that diagnosis admissible, and thereafter to report to this Court with all convenient speed, and the appeal is held in abeyance in the interim; and it is further,

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