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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05312 |
| Area of law | Mental Hygiene Law |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05312 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 544 |
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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