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STATE EX REL. JEROME A., pet-ap, v. JOSEPH PONTE, COMMISSIONER, ETC., res, ANTHONY J. ANNUCCI, ETC., res-res

4344. STATE EX REL. JEROME A., pet-ap, v. JOSEPH PONTE, COMMISSIONER, ETC., res, ANTHONY J. ANNUCCI, ETC., res-res — Marvin Bernstein, Mental Hygiene Legal Service, New York (Diane Goldstein Temkin of counsel), for ap — Eric T. Schneiderman, Attorney General, New York (Matthew W. Grieco of counsel), for res — Judgment and order (one paper), Supreme Court, New York County (Daniel P. Conviser, J.), entered June 8, 2016, which denied the petition for a writ of habeas corpus, and dismissed the proceeding, unanimously affirmed, without costs.

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4344. STATE EX REL. JEROME A., pet-ap, v. JOSEPH PONTE, COMMISSIONER, ETC., res, ANTHONY J. ANNUCCI, ETC., res-res — Marvin Bernstein, Mental Hygiene Legal Service, New York (Diane Goldstein Temkin of counsel), for ap — Eric T. Schneiderman, Attorney General, New York (Matthew W. Grieco of counsel), for res — Judgment and order (one paper), Supreme Court, New York County (Daniel P. Conviser, J.), entered June 8, 2016, which denied the petition for a writ of habeas corpus, and dismissed the proceeding, unanimously affirmed, without costs.

As we held on a prior appeal in a related proceeding, the State met its probable cause burden at the hearing held to determine that issue (see Mental Hygiene Law [MHL] §10.06[g]), and relator’s pretrial detention is not unconstitutional (see Matter of State of New York v. Jerome A., 137 AD3d 557 [1st Dept 2016] [Jerome I]). Petitioner’s contention that the State’s expert failed to adduce sufficient evidence of a predisposing mental disorder (see MHL §10.03[i]) is meritless.

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