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MATTER OF STATE v. RASHID

30210-2008

25 Misc.3d 318 (2009)

883 N.Y.S.2d 435

In the Matter of STATE OF NEW YORK, Petitioner, v. MUSTAFA RASHID, Respondent.

Supreme Court, New York County.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, New York City (Jessica Botticelli of counsel), for respondent.

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

OPINION OF THE COURT

DANIEL P. CONVISER, J.

Respondent Mustafa Rashid is the subject of a petition for sex offender civil management pursuant to article 10 of the Mental Hygiene Law. He moves here to dismiss the petition. Civil management under article 10 requires a finding that the respondent is a "detained sex offender" who "suffers from a mental abnormality." (Mental Hygiene Law § 10.03 [q]; § 10.07 [d].) Respondent does not seek dismissal on...

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