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STATE v. BLAIR

1043.1, CA 09-01213

69 A.D.3d 15 (2009)

2009 NY Slip Op 6938

887 N.Y.S.2d 389

In the Matter of the STATE OF NEW YORK, Appellant, v. JOEY BLAIR, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 2, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Zainab A. Chaudhry of counsel), for appellant.

Emmett J. Creahan, Director, Mental Hygiene Legal Service, Buffalo (Margot S. Bennett of counsel), for respondent.

MARTOCHE, J.P., SMITH, CARNI and GREEN, JJ., concur.

OPINION OF THE COURT

PERADOTTO, J.

In this appeal, we are confronted with the issue whether respondent is a detained sex offender within the meaning of Mental Hygiene Law § 10.03 (g) (5). Our resolution of the issue requires consideration of the interplay between articles 9 and 10 of the Mental Hygiene Law and the implications of the decisions of the Court of Appeals in State of N.Y. ex rel. Harkavy v Consilvio (7 N.Y.3d 607...

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