State v. Zimmer, 63 A.D.3d 1562

Appeal from an order of the Supreme Court, Oneida County (James C. Tormey, J.), entered March 13, 2008 in a proceeding pursuant to Mental Hygiene Law article 10. The order, insofar as appealed from, granted petitioner‘s motion to change the venue of the trial from the county where respondent is located to the county where the underlying offenses occurred.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied, and the first and third ordering paragraphs are vacated.

Memorandum: In this Mental Hygiene Law article 10 proceeding, respondent appeals from an order that granted petitioner‘s motion to change the venue of the trial from Oneida County, where respondent is located, to Broome County, where the underlying sex offenses occurred. We agree with respondent that Supreme Court erred in granting the motion. Pursuant to Mental Hygiene Law § 10.08 (e), “the court may change the venue of the trial . . . for good cause, which may include

Case Details

Case Name: State v. Zimmer

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jun 5, 2009

Citations: 63 A.D.3d 1562; 879 N.Y.S.2d 755; Appeal No. 1

Docket Number: Appeal No. 1

Court Abbreviation: N.Y. App. Div.