Matter of Kerry K. v State of New York

Holding The Appellate Division reversed the lower court’s order granting discharge, finding that the determination that the petitioner did not suffer from a mental abnormality was against the weight of the evidence. The court held that the lower court erred by failing to address the expert testimony regarding other specified paraphilic disorder and psychopathic traits, which, combined with antisocial personality disorder, can support a finding of mental abnormality.

The court’s words

the court's determination is against the weight of the evidence

2026 NY Slip Op 04623, at the official text

the court effectively made the same determination here, i.e., 'that a diagnosis of psychopathy or psychopathic features is still only a diagnosis of ASPD alone'

2026 NY Slip Op 04623, at the official text

in light of the conflicting expert testimony, there is not uncontroverted evidence that petitioner has a mental abnormality

2026 NY Slip Op 04623, at the official text