State v. Kenneth II.

193 A.D.3d 1229

142 N.Y.S.3d 439 (Mem)

In the Matter of STATE of New York, Respondent,

v.KENNETH II., Appellant.

529584

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: September 9, 2020

Decided and Entered: April 15, 2021

Adam H. Van Buskirk, Auburn, for appellant.

Letitia James, Attorney General, Albany (Jonathan D. Hitsous of counsel), for respondent.

Before: Garry, P.J., Egan Jr., Aarons and Colangelo, JJ.

MEMORANDUM AND ORDER

Appeal from an order of the Supreme Court (Reynolds Fitzgerald, J.), entered June 5, 2019 in Cortland County, which granted petitioner's application, in a proceeding pursuant to Mental Hygiene Law article 10, to find respondent to be a dangerous sex offender and confined respondent to a secure treatment facility.

This Court previously withheld decision with respect to this appeal and remitted the matter to Supreme Court for a posttrial Frye hearing ( 190 A.D.3d 33, 48, 134 N.Y.S.3d 475 [2020] ). Before such hearing could be held, Oneida County Court (Amoroso, J.) conducted an annual review proceeding and, in February 2021, determined that respondent does not currently suffer from a mental abnormality. Accordingly, respondent was released from civil confinement and is therefore no longer under civil management pursuant to Mental Hygiene Law article 10. Thereafter, Supreme Court (Masler, J.) granted respondent's unopposed motion to dismiss the Frye hearing as moot. Given respondent's release from confinement, the remaining issues presented for review on this appeal are moot (see Matter of Miguel II....