Matter of State of New York v. Richard TT

In Matter of State of New York v. Richard TT., 132 AD3d 72, [3d Dept 2015] the Third Department held that Matter of State of New York v. Donald DD did not require dismissal when evidence of a diagnosis of borderline personality disorder, in addition to ASPD, was offered as evidence of mental abnormality. Concerning serious difficulty controlling sexual misconduct, the Court held that the State's expert, who had interviewed the respondent and reviewed his extensive institutional and treatment records, formed a "detailed psychological portrait" relying in part on the inference drawn from re-offending after the imposition of criminal sanctions. Specifically, the court noted that "aside from the obvious fact that respondent has repeatedly victimized children despite sanctions for that behavior, respondent has expressed a lack of understanding as to what consensual sex is," while also admitting to fantasizing about young girls. Further, the Court relied on the fact that the respondent failed to complete sex offender treatment despite numerous attempts, suggesting that he had not brought his sexual urges under control, nor had he developed any meaningful strategies for dealing with them.