Matter of State of New York v. John T. — Third Department Holds Clear-and-Convincing Standard Constitutional for MHL Art. 10 Sexual Motivation Finding
Third Department affirms civil confinement under Mental Hygiene Law Article 10, joining the First and Fourth Departments in holding that due process does not require the ‘sexual motivation’ element of a pre-SOMTA offense to be proved beyond a reasonable doubt — clear and convincing evidence is constitutionally sufficient.