In re Buthy

Appellate Division of the Supreme Court of New York

In re Buthy

90 A.D.2d 689, 456 N.Y.S.2d 31, 1982 N.Y. App. Div. LEXIS 18781

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 29, 1982

StatusPublished

This text of 90 A.D.2d 689 (In re Buthy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Buthy, 90 A.D.2d 689, 456 N.Y.S.2d 31, 1982 N.Y. App. Div. LEXIS 18781 (N.Y. Ct. App. 1982).

Pincite

Opinion

Appeal unanimously dismissed, without costs. Memorandum: Petitioner appeals from the denial after a hearing of his petition for release from Gowanda Psychiatric Center. Petitioner was committed to the custody of the New York State Commissioner of Mental Health in 1972 after his acquittal of a charge of assault, first degree, by reason of mental disease or defect. His chief contention is that the court in reaching its determination erred in applying the “fair preponderance of the evidence” standard of proof instead of the “clear and convincing” standard enunciated in Addington v Texas (441 US 418) (see Matter of Estes, 75 AD2d 451; cf. Matter of Torsney, 47 NY2d 667). Because the order appealed from expired on August 19, 1982, we dismiss the appeal as moot. Were we to reach the merits, we would affirm based on our finding on this record that the People have established by clear and convincing evidence that petitioner has a dangerous mental disorder warranting continued confinement pursuant to CPL 330.20 (cf. Matter of Snyder, 88 AD2d 772). (Appeal from order of Supreme Court, Erie County, Kane, J. — CPL 330.20.) Present — Simons, J. P., Hancock, Jr., Doerr, Boomer and Schnepp, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal unanimously dismissed, without costs. Memorandum: Petitioner appeals from the denial after a hearing of his petition for release from Gowanda Psychiatric Center. Petitioner was committed to the custody of the New York State Commissioner of Mental Health in 1972 after his acquittal of a charge of assault, first degree, by reason of mental disease or defect. His chief contention is that the court in reaching its determination erred in applying the “fair preponderance of the evidence” standard of proof instead of the “clear and convincing” standard enunciated in Addington v Texas (441 US 418) (see Matter of Estes, 75 AD2d 451; cf. Matter of Torsney, 47 NY2d 667). Because the order appealed from expired on August 19, 1982, we dismiss the appeal as moot. Were we to reach the merits, we would affirm based on our finding on this record that the People have established by clear and convincing evidence that petitioner has a dangerous mental disorder warranting continued confinement pursuant to CPL 330.20 (cf. Matter of Snyder, 88 AD2d 772). (Appeal from order of Supreme Court, Erie County, Kane, J. — CPL 330.20.) Present — Simons, J. P., Hancock, Jr., Doerr, Boomer and Schnepp, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

90 A.D.2d 689, 456 N.Y.S.2d 31, 1982 N.Y. App. Div. LEXIS 18781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-buthy-nyappdiv-1982.

Opinion

Related

Cite This Page — Counsel Stack