Skinner v. State — 108 A.D.3d 1134

Majority

p. 1134

In the Matter of Timothy Skinner, Consecutive No. 126970, for Discharge from Central New York Psychiatric Center Pursuant to Mental Hygiene Law § 10.09, Appellant, v State of New York et al., Respondents.

[969 NYS2d 659]

Appeal from an order of the Supreme Court, Oneida County (Joseph E. Fahey, A.J.), entered March 9, 2012 in a proceeding pursuant to Mental Hygiene Law article 10. The order, among other things, continued petitioner’s commitment to a secure treatment facility.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner was previously deemed to be a dangerous sex offender requiring civil confinement and was committed to a secure treatment facility {see Mental Hygiene Law § 10.01 et seq.). Petitioner now appeals from an order, entered after an evidentiary hearing, continuing his confinement in a secure treatment facility {see § 10.09 [h]). We affirm. We reject petitioner’s contention that Supreme Court failed to “state in its decision ‘the facts it deem[ed] essential’ to its determination” (Mat ter of Jose L.I., 46 NY2d 1024 , 1025 [1979], quoting CPLR 4213 [b]). “To comply with CPLR 4213 (b), a court need not set forth evidentiary facts, but it must state those ultimate facts essential to its decision” (Matter of Erika G., 289 AD2d 803 , 804 [2001]). Here, the court’s “decision, despite its brevity, fully complies” with section 4213 (b) (Vance Metal Fabricators v Widell & Son, 50 AD2d 1062 , 1063 [1975]). Specifically, the decision sets forth the court’s finding that petitioner continues to suffer from “a mental abnormality involving such a strong predisposition to commit sex offenses, and such an inability to control behavior, that [he] is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility” (§ 10.03 [e]).

p. 1135

We reject petitioner’s further contention that respondents failed to prove by clear and convincing evidence that he is a dangerous sex offender requiring continued confinement (see generally Matter of State of New York v High, 83 AD3d 1403 , 1403 [2011], lv denied 17 NY3d 704 [2011]; Matter of State of New York v Motzer, 79 AD3d 1687 , 1688 [2010]). While there was conflicting expert testimony with respect to the need for petitioner’s continued confinement, “[t]he trier of fact [was] in the best position to evaluate the weight and credibility of conflicting expert . . . testimony,” and here the record supports the court’s determination to credit the opinion of respondents’ expert over that of petitioner’s expert (Matter of State of New York v Donald N., 63 AD3d 1391 ,1394 [2009]). Present — Centra, J.E, Peradotto, Sconiers, Valentino and Whalen, JJ.

Cases cited

In re Jose L. I. 46 NY2d 1024 N.Y. 1979-03-29 at 1025 p. 1134
In re Erika G. 289 AD2d 803 N.Y. App. Div. 2001-12-20 at 804 p. 1134
State v. High 83 AD3d 1403 N.Y. App. Div. 2011-04-01 at 1403 p. 1135
State v. Motzer 79 AD3d 1687 N.Y. App. Div. 2010-12-30 at 1688 p. 1135
State v. Donald N. 63 AD3d 1391 N.Y. App. Div. 2009-06-18 at 1394 p. 1135