Constitutional Cases
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Constitutional

Appellate Division, Third Department
Uncategorized

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.

Appellate Division, Third Department
Uncategorized

Matter of Super Smoke N Save v. Cannabis Control Board — NY Cannabis Inspection Scheme Is Constitutional, Third Department Reverses Injunction

Third Department reverses a preliminary injunction that had blocked warrantless inspections of cannabis and hemp retailers, holding that New York’s Cannabis Law inspection regime satisfies the Fourth Amendment’s administrative search exception under the Burger three-part test.

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