Matter of Tyrone D., 24 N.Y.3d 663 (2015)
Under Mental Hygiene Law Article 10, a court may change the venue of an annual review hearing for a dangerous sex offender upon a showing of good cause, which may include considerations related to the convenience of the parties or witnesses.
Summary
The case concerns a dangerous sex offender’s request to change the venue of his annual review hearing. The lower courts denied the request, holding that Mental Hygiene Law Article 10 did not allow for a change of venue in these types of hearings. The Court of Appeals reversed, finding that the statute does allow for venue changes upon a showing of good cause, but affirmed the denial of the motion because the offender failed to establish good cause. The court clarified that good cause could include convenience for parties and witnesses and the offender’s condition. Additionally, the court addressed the issue of waiver, finding that the trial court properly relied upon counsel’s representation that the offender did not want the annual review hearing.
Facts
Tyrone D. was committed to a secure treatment facility as a dangerous sex offender. He sought to change the venue of his annual review hearing from Oneida County to New York County. He argued that the change was necessary due to the financial and health limitations of his family, and the convenience of witnesses residing in New York County. The Supreme Court denied the motion, finding that good cause was not established. Tyrone D. then refused to be interviewed by psychiatric examiners, and subsequently, the Commissioner of OMH determined that he remained a dangerous sex offender requiring confinement. At the hearing, Tyrone D., through counsel, waived his right to appear. The Supreme Court found that there was clear and convincing evidence that Tyrone D. remained a dangerous sex offender in need of confinement.
Procedural History
The Supreme Court denied the motion for a change of venue and subsequently issued an order finding that Tyrone D. was a dangerous sex offender. The Appellate Division affirmed the Supreme Court’s decision, holding that Mental Hygiene Law § 10.08 authorized a change of venue only for trials, not for hearings. The New York Court of Appeals granted leave to appeal and ultimately affirmed the Appellate Division’s order.
Issue(s)
1. Whether Mental Hygiene Law Article 10 authorizes a change of venue for annual review hearings for dangerous sex offenders.
2. Whether, if a change of venue is authorized, the trial court properly denied the change of venue in this case.
3. Whether Tyrone D. waived his right to an annual review hearing.
Holding
1. Yes, because the statute’s language allows for venue changes in both hearings and trials, and restricting this would be unnecessary.
2. Yes, because the offender failed to establish good cause for a venue change by not identifying specific witnesses, the subject of their potential testimony, and the relevance of such testimony.
3. Yes, because the court was entitled to rely upon counsel’s representation that the offender did not want his annual review hearing.
Court’s Reasoning
The court first addressed the interpretation of Mental Hygiene Law § 10.08 (e). The statute states, “[a]t any hearing or trial pursuant to the provisions of this article, the court may change the venue of the trial to any county for good cause, which may include considerations relating to the convenience of the parties or witnesses or the condition of the respondent.” The court determined that the better interpretation was that venue changes were permissible in both hearings and trials. The court reasoned that the inclusion of “any hearing or trial” would be rendered superfluous if the legislature intended to restrict the change of venue to trials. The court emphasized that the statute allows changes of venue for “good cause”.
Regarding the denial of the venue change, the court found that the offender’s supporting affirmation was insufficient because it failed to identify specific witnesses or the subject of their potential testimony. The Court stated, “the affirmation submitted in support of the motion did urge, generally, that it would be inconvenient and burdensome for unnamed family members and other potential witnesses to travel to Oneida County, but failed to identify a single witness that would testify on petitioner’s behalf. Nor did the affirmation set forth the subject of any proposed testimony — let alone identify any information that would be potentially relevant to the issue of whether petitioner remained a dangerous sex offender in need of confinement.”
Finally, the court addressed the waiver of the annual review hearing. The court noted that while a more thorough inquiry is typically needed, the trial court was entitled to rely on defense counsel’s representation that the offender did not wish to appear at the hearing. “A lawyer may be trusted to explain rights to his or her client, and to report to the court the result of that discussion.”