In re Richard W.

Appellate Division of the Supreme Court of New York

In re Richard W.

250 A.D.2d 695, 672 N.Y.S.2d 761, 1998 N.Y. App. Div. LEXIS 5543

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

DecidedMay 11, 1998

StatusPublished

This text of 250 A.D.2d 695 (In re Richard W.) 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 Richard W., 250 A.D.2d 695, 672 N.Y.S.2d 761, 1998 N.Y. App. Div. LEXIS 5543 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In a proceeding pursuant to CPL 330.20 following a verdict of not responsible by reason of mental disease or defect, James M. Catterson, Jr., the Suffolk County District Attorney, appeals, by permission, from (1) an order of the Supreme Court, Suffolk County (Stark, J.), dated December 11, 1997, which, inter alia, directed the New York State Commissioner of Mental Health to terminate Richard W.’s in-patient status in a State psychiatric facility, and (2) an order of the same court, also dated December 11, 1997, which, inter alia, conditioned Richard W.’s release upon compliance with certain enumerated terms.

Ordered that the notices of appeal from the orders are deemed to be applications for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the orders are affirmed, without costs or disbursements.

The Supreme Court properly granted both the release order and the order of conditions, as the appellant failed to prove by a preponderance of the evidence that Richard W. had a dangerous mental disorder or was mentally ill (see, CPL 330.20 [12]; People v Escobar, 61 NY2d 431, 439-440; Matter of Buthy, 168 AD2d 1000). Ritter, J. P., Goldstein, McGinity and Luciano, JJ., concur.

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

—In a proceeding pursuant to CPL 330.20 following a verdict of not responsible by reason of mental disease or defect, James M. Catterson, Jr., the Suffolk County District Attorney, appeals, by permission, from (1) an order of the Supreme Court, Suffolk County (Stark, J.), dated December 11, 1997, which, inter alia, directed the New York State Commissioner of Mental Health to terminate Richard W.’s in-patient status in a State psychiatric facility, and (2) an order of the same court, also dated December 11, 1997, which, inter alia, conditioned Richard W.’s release upon compliance with certain enumerated terms.

Ordered that the notices of appeal from the orders are deemed to be applications for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the orders are affirmed, without costs or disbursements.

The Supreme Court properly granted both the release order and the order of conditions, as the appellant failed to prove by a preponderance of the evidence that Richard W. had a dangerous mental disorder or was mentally ill (see, CPL 330.20 [12]; People v Escobar, 61 NY2d 431, 439-440; Matter of Buthy, 168 AD2d 1000). Ritter, J. P., Goldstein, McGinity and Luciano, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

250 A.D.2d 695, 672 N.Y.S.2d 761, 1998 N.Y. App. Div. LEXIS 5543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-richard-w-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack