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IN THE MATTER OF STATE v. J.A.

21 Misc.3d 806 (2008)

In the Matter of STATE OF NEW YORK, Petitioner, v. J.A., Respondent.

Supreme Court, Bronx County.

September 26, 2008.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, New York City (Kimberly Tate-Brown of counsel), for respondent.

Andrew M. Cuomo, Attorney General, New York City (Cheryl Henderson of counsel), for petitioner.

OPINION OF THE COURT

DINEEN A. RIVIEZZO, J.

Issue Presented

In a Mental Hygiene Law article 10 proceeding, to what extent can a psychiatrist rely on out-of-court materials, such as pre-sentence reports and Department of Parole records, in compiling a history of sex offenses committed by the respondent, in order to formulate a psychiatric opinion as to whether the respondent has a "mental abnormality" as that term is defined in the statute...

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