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    Welcome to CasePrepPlus An advance sheet service summarizing recent and significant New York appellate cases
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    Featured Case

    Sex Offender’s Violation of Non-Sexual Terms of His Strict and Intensive Supervision and Treatment (SIST) Did Not Demonstrate He Is Unable to Control Sexual Misconduct; Commitment to Locked Facility Reversed

    The Fourth Department, in a full-fledged opinion by Justice DeMoyer, reversing County Court, determined that there was an insufficient showing that respondent sex offender’s non-sexual violations of the terms of his strict and intensive supervision and treatment (SIST) (alcohol abuse) justified a finding he has an inability to control sexual misconduct: “... [A] Mental Hygiene Law § 10.03 (e) finding of ‘inability’ based on nonsexual SIST violations will satisfy the Michael M. [24 NY3d 649] standard only when such violations bear a close causative relationship to sex offending. Such a relationship is missing here. It is simply not true — as the State claims — that ‘there is a significant link between respondent’s alcohol use disorder and his sex offenses’ or that his sex offending is ‘fueled by his drug and alcohol use.’ ” Matter of State of New York v. George N., 2018 N.Y. Slip Op. 00942, Fourth Dept 2-8-16



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    New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

    Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.