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PEO EX REL HENIG v. MEN HYG

86 Misc.2d 932 (1976)

The People of the State of New York ex rel. Martin Henig, Petitioner, v. Commissioner of Mental Hygiene et al., Respondents.

Supreme Court, Trial Term, New York County.

February 24, 1976

Attorney(s) appearing for the Case

Adlerberg & Sheindlin (Gerald Sheindlin of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Thomas P. Dorsey and Richard D. Eisenberg of counsel), for State of New York, respondent. June Resnick German for Mental Health Information Service, amicus curiae.

ERNST ROSENBERGER, J.

This case concerns CPL 330.20, dealing with the commitment, confinement, and release of a defendant acquitted on ground of mental disease or defect. It particularly concerns subdivision 1 of the statute which requires that upon the rendition of a verdict of acquittal by reason of mental disease or defect, the court must order the defendant to be committed to the custody of the Commissioner...

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