| Matter of State of New York v S. (Anonymous) |
| Motion No: 2016-02417 |
| Slip Opinion No: 2017 NY Slip Op 82318(U) |
| Decided on August 9, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M235791
J/ct
REINALDO E. RIVERA, J.P.
MARK C. DILLON
COLLEEN D. DUFFY
ANGELA G. IANNACCI, JJ.
|
2016-02417 In the Matter of State of New York, petitioner- respondent, v Ronald S. (Anonymous), respondent-appellant. (Index No. 1557/14)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent on an appeal from an order of the Supreme Court, Nassau County, dated February 3, 2016, for an order remitting this matter to the Supreme Court, Nassau 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 "Paraphilia NOS" has achieved general acceptance in the psychiatric and psychological communities so as to make expert testimony on that diagnoses admissible, and to hold the appeal in abeyance pending the conclusion of the Frye hearing. Motion by the respondent-appellant for the assignment of Richard M. Langone as counsel to represent the respondent-appellant at the Frye hearing.
Upon the papers filed in support of the petitioner-respondent's motion and upon the consent of the respondent-appellant thereto, and upon the papers filed in support of the respondent-appellant's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the petitioner-respondent's motion is granted; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Nassau County, for the purpose of conducting a Frye hearing to resolve the question of whether the diagnosis of "Paraphilia NOS" has achieved general acceptance in the psychiatric and psychological communities so as to make expert testimony on that diagnoses admissible and for a report thereafter; the Supreme Court, Nassau 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; and it is further,
ORDERED that the respondent-appellant's motion is denied without prejudice to seeking the relief in the Supreme Court, Nassau County.
RIVERA, J.P., DILLON, DUFFY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court