In 1992, the appellant was charged and convicted with sex crimes namely rape and sexual abuse. In 1994, he was paroled and was found to have violated the parole. Subsequently, he was convicted for the criminal sale of a controlled substance and applied for parole. A New York Sex Crimes Lawyer said while on parole, he was convicted of attempted rape for forcing himself upon the 68-year old mother of his then-girlfriend. He was sentenced to 8 years of incarceration. While incarcerated, he was further convicted of attempted rape in the first degree based on a rape he committed in July 1996.
A nonjury trial was formed to hear the case of the appellant. After which, it found that the appellant was a “detained sex offender” under article 10 of the Mental Hygiene Law, also known as the Sex Offender Management and Treatment Act. The Supreme Court then conducted a dispositional hearing, after which it determined that the appellant was a dangerous [84 A.D.3d 1100] sexual offender requiring civil confinement and ordered such confinement (see Mental Hygiene Law §§ 10.07[f]).
A psychiatrist, the State’s expert, testified that the appellant suffers from, among other things, paraphilia NOS (not otherwise specified) and antisocial personality disorder. He detailed the appellant’s specific pattern of deviant sexual arousal [84 A.D.3d 1101] and his inability to control his impulses. A New York Sex Crimes Lawyer said he testified that the appellant, because of his condition and the resulting symptoms, was predisposed to committing sexual offenses and had serious difficulty controlling such behavior.
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