In re Buthy

Appellate Division of the Supreme Court of New York

In re Buthy

168 A.D.2d 1000, 564 N.Y.S.2d 944, 1990 N.Y. App. Div. LEXIS 16572

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

DecidedDecember 21, 1990

StatusPublished

This text of 168 A.D.2d 1000 (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, 168 A.D.2d 1000, 564 N.Y.S.2d 944, 1990 N.Y. App. Div. LEXIS 16572 (N.Y. Ct. App. 1990).

Pincite

Opinion

— Order unanimously affirmed. Memorandum: As found by Supreme Court, the record establishes, by a preponderance of the evidence, that defendant does not have a dangerous mental defect and is not mentally ill within the meaning of CPL 330.20 (1) (d) and is, therefore, entitled to be released from in-patient status on conditions (see, CPL 330.20 [12]).

The testimony of the psychiatrist and the psychologist who testified for petitioner, State Commissioner of Mental Health, established that, although defendant has a paranoid personality, he is not psychotic and does not suffer from a dangerous mental disorder, he does not presently require medication, and in-patient status is no longer necessary. Other testimony established that, during defendant’s 22-year stay at the psychiatric center, he did not exhibit any assaultive behavior. (Appeal from order of Supreme Court, Erie County, Ostrowski, J. — CPL 330.20.) Present — Denman, J. P., Boomer, Pine, Davis and Lowery, JJ.

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— Order unanimously affirmed. Memorandum: As found by Supreme Court, the record establishes, by a preponderance of the evidence, that defendant does not have a dangerous mental defect and is not mentally ill within the meaning of CPL 330.20 (1) (d) and is, therefore, entitled to be released from in-patient status on conditions (see, CPL 330.20 [12]).

The testimony of the psychiatrist and the psychologist who testified for petitioner, State Commissioner of Mental Health, established that, although defendant has a paranoid personality, he is not psychotic and does not suffer from a dangerous mental disorder, he does not presently require medication, and in-patient status is no longer necessary. Other testimony established that, during defendant’s 22-year stay at the psychiatric center, he did not exhibit any assaultive behavior. (Appeal from order of Supreme Court, Erie County, Ostrowski, J. — CPL 330.20.) Present — Denman, J. P., Boomer, Pine, Davis and Lowery, JJ.

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Bluebook (online)

168 A.D.2d 1000, 564 N.Y.S.2d 944, 1990 N.Y. App. Div. LEXIS 16572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-buthy-nyappdiv-1990.