Matter of Joseph R. v State of New York

Holding The court affirmed the lower court’s order continuing the petitioner’s confinement, finding that the evidence was legally sufficient to establish by clear and convincing evidence that he is a dangerous sex offender. The court determined that the petitioner’s refusal to engage in treatment and high risk assessment scores supported the finding that he has serious difficulty controlling his behavior.

The court’s words

the evidence is legally sufficient to establish by clear and convincing evidence that petitioner is currently a dangerous sex offender requiring confinement

2026 NY Slip Op 04702, at the official text

petitioner refused to engage in treatment despite respondent's attempts to encourage his participation and that petitioner, despite his age of 60, still had high scores on his risk assessment instruments

2026 NY Slip Op 04702, at the official text