Tyrone D. v. State

Petitioner was adjudicated a dangerous sex offender in need of confinement to a secure treatment facility. Petitioner later exercised his annual right to petition for discharge under N.Y. Mental Hyg. Law 10 and commenced a proceeding in Oneida County seeking his discharge from confinement. Petitioner then moved to change venue for the annual review hearing to New York County, citing to N.Y. Ment. Hyg. Law 10.08(e). Supreme Court denied the motion, finding that, while N.Y. Mental Hyg. Law 10.08(e) does allow venue to be changed for annual review hearings, Petitioner failed to establish the requisite good cause in this case. Thereafter, Supreme Court found that Petitioner remained a dangerous sex offender in need of confinement to a secure treatment facility. The Appellate Division affirmed. The Court of Appeals affirmed, holding (1) N.Y. Ment. Hyg. Law 10 authorizes a change of venue in article 10 annual hearings upon an appropriate showing of good cause; but (2) Petitioner failed to establish good cause for the change of venue. View "Tyrone D. v. State" on Justia Law