A judge in Brooklyn and one in Rochester have concluded that under a recent state Court of Appeals decision, they cannot find that sex offenders who suffer from antisocial personality-related disorders have mental abnormalities that make them eligible for civil confinement.

Ruling in unrelated cases, Acting Brooklyn Supreme Court Justice Wayne Ozzi and Monroe County Supreme Court Justice Daniel Doyle concluded that the high court’s ruling in State v. Donald D.D., 24 NY3d 174 (2014), precluded finding that the defendants were subject to confinement or state-ordered supervision and treatment under Article 10 of state Mental Hygiene Law.