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Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05312

Matter of State of New York v Ernest D.

Read the official decision: 2026 NY Slip Op 05312

Holding The court affirmed the lower court’s order revoking the appellant’s release into a strict and intensive supervision and treatment regimen and directing his confinement to a secure treatment facility. The State successfully demonstrated by clear and convincing evidence that the appellant remained a dangerous sex offender requiring confinement due to his inability to control his sexual behavior.

The court’s words

the State had met its burden of showing by clear and convincing evidence that Ernest D. was a dangerous sex offender requiring confinement

2026 NY Slip Op 05312, at the official text

Ernest D.'s violations of the conditions of his SIST regimen, including the use of crack cocaine despite his awareness that his ability to control his sexual urges and aggression were impaired by his drug use, demonstrated that he was unable to control his sexual behavior

2026 NY Slip Op 05312, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05312
Area of lawMental Hygiene Law
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05312
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id544

Recommended citation

ESQ HQ, New York Law Watch, Matter of State of New York v Ernest D., 2026 NY Slip Op 05312 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05312/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 16, 2026. Updated September 16, 2026.