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PEO. EX REL. HENIG v. COMR.

43 N.Y.2d 334 (1977)

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

Court of Appeals of the State of New York.

Decided December 19, 1977.

Attorney(s) appearing for the Case

Philip R. Edelbaum and Gerald Sheindlin for appellant.

Louis J. Lefkowitz, Attorney-General (Thomas P. Dorsey, Samuel A. Hirshowitz and Anne Marsha Tannenbaum of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG, and COOKE concur.

GABRIELLI, J.

We are called upon in this case to consider the constitutional validity of CPL 330.20, which mandates that persons acquitted by reason of mental disease or defect be automatically committed to the custody of the Commissioner of Mental Hygiene without prior hearing. Petitioner appeals from an order of the Appellate Division, First Department, reversing a judgment of Supreme Court, New York County...

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