Rabinowitz v. James M.

63 A.D.3d 481, 879 N.Y.S.2d 715

Opinion

Order, Supreme Court, New York County (Kibbie F. Payne, J.), entered on or about November 26, 2008, which directed that defendant be transferred from a secure psychiatric facility to a nonsecure psychiatric facility, unanimously affirmed, without costs.

A fair interpretation of the evidence supports the application court’s findings that while defendant continues to suffer from a mental illness, he no longer shows a level of dangerousness warranting retention in a secure facility, and that he otherwise meets the criteria for retention in a nonsecure facility (see Matter of David B., 97 NY2d 267, 276-279 [2002]; Matter of George L., 85 NY2d 295, 305 [1995]; cf. Matter of Richard S., 6 AD3d 1039 [2004], appeal dismissed 3 NY3d 700 [2004]). Concur— Mazzarelli, J.E, Sweeny, DeGrasse, Freedman and AbdusSalaam, JJ.