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MATTER OF R.

52 A.D.2d 927 (1976)

In the Matter of Richard E. R., an Alleged Mentally Ill Patient

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

May 17, 1976

Order affirmed, without costs or disbursements.

In our opinion petitioner failed to sustain his burden of proving, by a preponderance of the credible evidence, that, at the time of the hearing, he was capable of being released without presenting a danger to himself or to others (CPL 330.20). CPL 330.20 is not violative of petitioner's constitutional rights to due process and equal protection of the laws (see People v Lally, 19 N.Y.2d 27

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