State v. Carmelo M.
Opinion of the Court
In a proceeding pursuant to Mental Hygiene Law article 10 for the civil management of Carmelo M., an alleged sex offender requiring civil management, the State of New York appeals, by permission, from an order of the Supreme Court, Kings County (Dowling, J.), dated October 15, 2009, which granted Carmelo M.’s motion to transfer from St. Lawrence Psychiatric Center to Central New York Psychiatric Center in order to facilitate the attendance of his counsel at his psychiatric examination pursuant to Mental Hygiene Law § 10.06 (d).
Ordered that the order is reversed, on the law, without costs or disbursements, and Carmelo M.’s motion to transfer from St. Lawrence Psychiatric Center to Central New York Psychiatric Center in order to facilitate the attendance of his counsel at his psychiatric examination pursuant to Mental Hygiene Law § 10.06 (d) is denied.
The placement of the respondent at St. Lawrence Psychiatric Center, and the decision as to whether he should be transferred to another secure treatment facility, are matters committed to the Office of Mental Health (see Mental Hygiene Law § 10.06 [k]; see generally People v Purley, 297 AD2d 499 [2002]; Matter of Cole v Smith, 84 AD2d 942 [1981]). We cannot conclude that the distance the respondent’s counsel would have to travel to attend the respondent’s psychiatric examination at St. Lawrence Psychiatric Center is so onerous as to “seriously hinder” counsel’s ability “to effectively represent him.” Accordingly, the Supreme Court should have denied the respondent’s motion. Mastro, J.P., Dickerson, Belen and Chambers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.