In re Manhattan Psychiatric Center

Appellate Division of the Supreme Court of New York

In re Manhattan Psychiatric Center

265 A.D.2d 154, 696 N.Y.S.2d 132, 1999 N.Y. App. Div. LEXIS 9685

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

DecidedOctober 5, 1999

StatusPublished

Cited by5 cases

This text of 265 A.D.2d 154 (In re Manhattan Psychiatric Center) 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 Manhattan Psychiatric Center, 265 A.D.2d 154, 696 N.Y.S.2d 132, 1999 N.Y. App. Div. LEXIS 9685 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, New York County (Edward Greenfield, J.), entered on or about December 10, 1998, which, after a hearing, denied petitioner’s application to extend an order of conditions imposed pursuant to CPL 330.20, unanimously affirmed, without costs.

The hearing court’s determination that petitioner failed to show good cause for extending the order of conditions imposed upon respondent (see, CPL 330.20 [1] [o]) and that respondent’s release from the conditions was consistent with public safety is supported by the record. The record reveals that, since his release from a psychiatric facility in 1990, respondent, who has not required psychotropic medication for at least 17 years, has successfully adjusted to living in the community without incident and has not resorted to violence, even when provoked. According to the hearing court’s CPL 330.20 findings the deference they are due, since the court sitting as trier of fact was “in the best position to observe the individual’s behavior as well evaluate the weight and credibility of the often conflicting testimony of the medical and psychiatric experts” (Matter of George L., 85 NY2d 295, 305), we perceive no ground to disturb the determination that there was no longer good cause for respondent’s submission to mandatory counseling as a condition of his release. Concur — Sullivan, J. P., Williams, Wallach, Lerner and Friedman, JJ.

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—Order, Supreme Court, New York County (Edward Greenfield, J.), entered on or about December 10, 1998, which, after a hearing, denied petitioner’s application to extend an order of conditions imposed pursuant to CPL 330.20, unanimously affirmed, without costs.

The hearing court’s determination that petitioner failed to show good cause for extending the order of conditions imposed upon respondent (see, CPL 330.20 [1] [o]) and that respondent’s release from the conditions was consistent with public safety is supported by the record. The record reveals that, since his release from a psychiatric facility in 1990, respondent, who has not required psychotropic medication for at least 17 years, has successfully adjusted to living in the community without incident and has not resorted to violence, even when provoked. According to the hearing court’s CPL 330.20 findings the deference they are due, since the court sitting as trier of fact was “in the best position to observe the individual’s behavior as well evaluate the weight and credibility of the often conflicting testimony of the medical and psychiatric experts” (Matter of George L., 85 NY2d 295, 305), we perceive no ground to disturb the determination that there was no longer good cause for respondent’s submission to mandatory counseling as a condition of his release. Concur — Sullivan, J. P., Williams, Wallach, Lerner and Friedman, JJ.

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Bluebook (online)

265 A.D.2d 154, 696 N.Y.S.2d 132, 1999 N.Y. App. Div. LEXIS 9685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-manhattan-psychiatric-center-nyappdiv-1999.

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