In Matter of State of New York v. Shannon S. (20 NY3d 99 [2012]) the State's expert psychologist diagnosed the respondent with paraphilia NOS and hebephilia (sexual attraction to pubescent girls below the age of consent). The Court of Appeals acknowledged at the outset that "certain diagnoses may, of course, be premised on such scant or untested evidence and be so devoid of content, or so near-universal in their rejection by mental health professionals, as to be violative of constitutional due process and preclude their meaningful use in civil confinement proceedings." (id. at 106-107.) However, the Court expressly excluded paraphilia NOS from that category of suspect diagnoses. Specifically, the Court stated: "Paraphilia NOS, however, has been found to be a viable predicate mental disorder or defect that comports with minimal due process. Furthermore, any issue pertaining to the reliability of paraphilia NOS as a predicate condition for a finding of mental abnormality has been viewed as a factor relevant to the weight to be attributed to the diagnosis, an issue properly reserved for resolution by the factfinder. Any professional debate over the viability and reliability of paraphilia NOS is subject to the adversarial process which, by vigorous cross-examination, would expose the strengths and weaknesses of the professional medical opinions offered in reaching a considered legal determination as to whether a respondent suffers a mental abnormality, as defined by statute." (id. at 107.) In Shannon S., the dissent acknowledged that paraphilia NOS was listed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR). The dissent also acknowledged that the DSM-IV-TR was "the standard classification used by mental health professionals in this country." (id. at 110.) However, without citing any legal or scientific authority for the proposition that the NOS categories that appeared in every section of DSM-IV-TR are somehow less reliable than any other DSM category, the dissent sought to diminish paraphilia NOS on the grounds that it "is listed in the DSM-IV-TR, but only as a 'residual category' for 'Paraphilias that are less frequently encountered' " (id., citing DSM-IV-TR at 567). Additionally, despite its characterization of paraphilia NOS as "junk science devised for the purpose of locking up dangerous criminals," the dissent did not point to any evidence that a diagnosis of paraphilia NOS lacks general acceptance in the psychiatric and psychological scientific community.(Id.) The Court held that any issue pertaining to the reliability of paraphilia NOS is a "factor relevant to the weight to be attributed to the diagnosis, an issue properly reserved for resolution by the factfinder" (20 NY3d at 107). Furthermore, "[a]ny professional debate over the viability and reliability of paraphilia NOS is subject to the adversarial process which, by vigorous cross-examination, would 'expose the strengths and weaknesses of the professional medical opinions offered' in reaching a considered legal determination as to whether a respondent suffers a mental abnormality" (id. at 107.)