IN THIS MENTAL HYGIENE LAW ARTICLE 10 TRIAL TO DETERMINE WHETHER THE RESPONDENT, WHO HAD SERVED HIS SENTENCE FOR SEXUAL OFFENSES, REQUIRED CIVIL MANAGEMENT, HEARSAY BASED EXPERT EVIDENCE OFFERED BY THE STATE AND EVIDENCE FROM ONE OF RESPONDENT’S VICTIMS SHOULD NOT HAVE BEEN EXCLUDED; NEW TRIAL ORDERED (SECOND DEPT).

The Second Department, reversing the jury’s finding that respondent did not suffer from a mental abnormality requiring civil management, determined that hearsay based expert evidence offered by the state, and evidence of violence and sexual offenses offered by one of respondent’s victims should not have been excluded:

… [T]he State’s expert should have been permitted to give hearsay basis testimony regarding a statement made to her by the respondent’s sexual abuse victim. “In article 10 trials, hearsay basis evidence is admissible if it satisfies two criteria. First, the proponent must demonstrate through evidence that the hearsay is reliable. Second, the court must determine that the probative value in helping the jury evaluate the expert’s opinion substantially outweighs its prejudicial effect” … . Here, the State established the reliability of this hearsay basis testimony since the respondent was convicted of sexual abuse in the first degree with respect to this victim … .. Moreover, the probative value of this hearsay basis testimony in helping the jury evaluate the expert’s opinion testimony substantially outweighed its prejudicial effect … .

The Supreme Court also erred in precluding a certain witness from testifying at trial regarding violence and sexual offenses that the respondent allegedly committed against her. The witness’s proposed testimony, which was not hearsay … , was relevant to the issue of whether the respondent suffered from a mental abnormality … , and the probative value of such testimony outweighed its prejudicial impact, particularly since the State’s expert expressly considered this proposed testimony in forming her opinion that the respondent suffered from sexual sadism … . Matter of State of New York v Kevin W., 2025 NY Slip Op 00455, Second Dept 1-29-25

Practice Point: Hearsay based expert evidence is admissible in a Mental Hygiene Law Article civil-management 10 trial if it is reliable and if its probative value outweighs its prejudicial effect.