| Matter of State of New York v Harland |
| 2012 NY Slip Op 03341 [94 AD3d 1558] |
| April 27, 2012 |
| Appellate Division, Fourth Department |
| In the Matter of State of New York, Respondent, v Derrick Harland,Appellant. |
—[*1] Eric T. Schneiderman, Attorney General, Albany (Marlene O. Tuczinski of counsel), forpetitioner-respondent.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), enteredJuly 29, 2010 in a proceeding pursuant to Mental Hygiene Law article 10. The order committedrespondent to a secure treatment facility.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent appeals from an order determining that he is a dangerous sexoffender requiring confinement pursuant to Mental Hygiene Law article 10 and committing himto a secure treatment facility. Contrary to respondent's contention, we conclude that petitionerestablished by clear and convincing evidence at the dispositional hearing that he is a dangeroussex offender requiring confinement (see § 10.03 [e]; § 10.07 [f]). SupremeCourt "was 'in the best position to evaluate the weight and credibility of the conflictingpsychiatric testimony presented' " (Matter of State of New York v Blair, 87 AD3d 1327, 1327 [2011];see Matter of State of New York vRichard VV., 74 AD3d 1402, 1404 [2010]; Matter of State of New York v Timothy JJ., 70 AD3d 1138,1144-1145 [2010]). We see no basis upon which to disturb the court's determination to credit thetestimony of petitioner's expert over that of the expert who testified on behalf of respondent (see Matter of State of New York vBoutelle, 85 AD3d 1607, 1607 [2011]; see also Matter of State of New York v Flagg[appeal No. 2], 71 AD3d 1528, 1530 [2010]). Present—Centra, J.P., Peradotto,Sconiers and Martoche, JJ.