State v. Sincere KK

In State v. Sincere KK., 129 AD3d 1254 (3d Dept 2015), lv denied, 26 N.Y.3d 906, the Court upheld the denial of the Respondent's release from a Secure Treatment Facility at an Article 10 annual review proceeding, finding that he continued to be a dangerous sex offender requiring confinement. The Court held that confinement was appropriate, inter alia, because the Respondent had not advanced beyond the first step of the institutional sex offender treatment program, scored high on actuarial risk assessment instruments, refused to admit his crimes or be tested with respect to his attraction to children, did not have insight into his behavior and exhibited "continued aggressive, violent behavior toward peers and staff members in the facility, including inappropriate sexual comments and threats toward female staff members." (129 AD3d at 1255.)