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MTR. OF MILLER (SHERMAN)

46 A.D.2d 177 (1974)

In the Matter of Alan D. Miller, as Commissioner of Mental Hygiene of The State of New York, Respondent. Bruce A. Sherman, a Committed Person, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 12, 1974.

Attorney(s) appearing for the Case

Richard J. Evans for appellant.

Jack B. Lazarus, District Attorney (Melvin Bressler of counsel), for respondent.

MARSH, P. J., MOULE, MAHONEY and DEL VECCHIO, JJ., concur.

GOLDMAN, J.

This appeal presents great human interest issues, the resolution of which depends more largely on psychiatric authority than on legal precedent. In dealing with the workings of the human mind we are in a field of science where there are no positive and certain conclusions which can be drawn, no matter how learned and experienced one may be.

Petitioner, a patient at the Rochester State Hospital...

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