State v. Robert F.

In 2004, Respondent pleaded guilty to sexual abuse in the first degree. Respondent was previously convicted in three separate cases to sexual abuse in the first degree, rape in the first degree, and sodomy in the second degree. As Respondent’s release date approached, the Attorney General commenced this N.Y. Mental Hyg. Law 10 proceeding seeking a determination that Respondent was a detained sex offender requiring civil management. After a dispositional hearing, Supreme Court issued an order finding that Respondent was a dangerous sex offender and ordering his confinement. Defendant appealed, arguing that Supreme Court improperly permitted an expert witness to testify via electronic video conferencing. The Appellate Division affirmed. The Court of Appeals affirmed, holding (1) Supreme Court erred by permitting the expert witness to testify via electronic appearance on rebuttal without a showing of exceptional circumstances; but (2) the error was harmless in light of the overwhelming evidence presented by the State. View "State v. Robert F." on Justia Law