Appellate Division: Second Judicial Department

M235792

J/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2016-04960 In the Matter of State of New York, petitioner- respondent, v Anthony B. (Anonymous), respondent-appellant. (Index No. 16153/13)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent on an appeal from an order of the Supreme Court, Queens County, dated March 1, 2016, for an order remitting this matter to the Supreme Court, Queens County, for the purpose of conducting a Frye hearing (see Frye v United States, 293 F. 1013) to resolve the question of whether the diagnosis of "Other Specified Paraphilic Disorder (Non-Consent)" has achieved general acceptance in the psychiatric and psychological communities so as to make expert testimony on that diagnosis admissible, and to hold the appeal in abeyance pending the conclusion of the Frye hearing.

Upon the papers filed in support of the motion and upon the consent of the respondent-appellant, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Queens County, for the purpose of conducting a Frye hearing to resolve the question of whether the diagnosis of "Other Specified Paraphilic Disorder (Non-Consent)" has achieved general acceptance in the psychiatric and psychological communities so as to make expert testimony on that diagnosis admissible and for a report thereafter; the Supreme Court, Queens County, shall file its report to this Court with all convenient speed; and it is further,

ORDERED that the appeal is held in abeyance in the interim.

RIVERA, J.P., DILLON, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

August 9, 2017

MATTER OF STATE OF NEW YORK v B. (ANONYMOUS)