| Matter of State of New York v B. (Anonymous) |
| Motion No: 2016-04960 |
| Slip Opinion No: 2018 NY Slip Op 68466(U) |
| Decided on March 30, 2018 |
| 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
M247851
E/rr
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 |
Appeal from an order of the Supreme Court, Queens County, dated March 1, 2016. By decision and order on motion dated August 9, 2017, this Court granted the petitioner-respondent's motion 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), and to hold the appeal in abeyance pending the conclusion of the Frye hearing. Upon remittitur, the Supreme Court, Queens County, issued a report dated March 12, 2018, in which it stated that it was bound to follow the determination of this Court in Matter of State of New York v Richard S. (__ AD3d __; 2018 NY Slip Op 01072), that even if it conducted a Frye hearing in connection with the appeal in the above-entitled matter and found that the diagnosis of "Other Specified Paraphilic Disorder (Non-Consent)" had achieved general acceptance in the psychiatric and psychological communities, such determination "would be of no moment to the issues raised on the appeal," and that it would await any further instructions from this Court as to whether to conduct a Frye hearing.
Now, on the Court's own motion, and upon the report of the Supreme Court, Queens County, dated March 12, 2018, it is
ORDERED that the matter is again remitted to the Supreme Court, Queens County, for the purpose of conducting a Frye hearing on the question of whether, under the particular circumstances of this case, 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 conduct such hearing and 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