Matter of State of New York v Nelson D.
2012 NY Slip Op 07399 [100 AD3d 418]
November 8, 2012
Appellate Division, First Department
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


In the Matter of State of New York, Respondent,
v
NelsonD., Appellant.

[*1]Marvin Bernstein, Mental Hygiene Legal Service, New York (Diane Goldstein Temkinof counsel), for appellant.

Eric T. Schneiderman, Attorney General, New York (Laura R. Johnson of counsel), forrespondent.

Amended order, Supreme Court, Bronx County (Michael A. Gross, J.), entered October 24,2011, which directed that respondent, as a sex offender requiring strict and intensive supervisionand treatment (SIST), reside at the Valley Ridge Center for Intensive Treatment, unanimouslyaffirmed, without costs.

The court's determination that respondent should receive residential treatment at the ValleyRidge Center for Intensive Treatment was permissible under Mental Hygiene Law § 10.11,which prescribes conditions of supervision, including specification of residence and type ofresidence, that may be imposed as part of SIST.

Because the SIST regimen imposed was authorized under Mental Hygiene Law article 10,petitioner's substantive due process rights were not offended (see Kansas v Hendricks,521 US 346 [1997]). Concur—Tom, J.P., Sweeny, Acosta, DeGrasse and Richter, JJ.


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