Matter of State of New York v. I.M.

Order, Supreme Court, New York County (Cassandra M. Mullen, J.), entered on or about September 20, 2013, which, upon a jury verdict that respondent is a detained sex offender who suffers from a mental abnormality, directed that respondent be committed to a secure treatment facility, unanimously reversed, on the law, without costs, and the petition dismissed.

“[A] civil commitment under Mental Hygiene Law article 10 may [not] be based solely on a diagnosis of ASPD [anti-social personality disorder], together with evidence of sexual crimes” (Matter of State of New York v Donald DD., 24 NY3d 174 [2014]). Since ASPD is the sole diagnosis underlying the jury’s finding of mental abnormality (Mental Hygiene Law § 10.03 [i]), the verdict is not supported by legally sufficient evidence, and the petition must be dismissed.

Motion to amend caption granted.