MTR. OF LUBLIN v. PSYCH CTR.


56 A.D.2d 1 (1977)

In the Matter of Laurence Lublin, Appellant, v. Central Islip Psychiatric Center, Respondent

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

January 24, 1977


Attorney(s) appearing for the Case

Donald W. Leo for appellant.

Louis J. Lefkowitz, Attorney-General, (Salvatore J. Sidoti, Samuel A. Hirshowitz, Thomas Dorsey and Walton Sutherland of counsel), for respondent.

HOPKINS, Acting P. J., and MARGETT, J., concur with SHAPIRO, J.; DAMIANI and TITONE, JJ., concur in the disposition of the orders dated September 10, 1975, September 17, 1975 and February 23, 1976, respectively, but otherwise dissent and vote to affirm the order dated January 8, 1976, with separate opinions, TITONE, J., concurring in the dissenting opinion of DAMIANI, J.


SHAPIRO, J.

The petitioner was found not guilty of the crime of murder by reason of his insanity. He now appeals from an order of the County Court, Suffolk County, dated January 8, 1976, which, after a hearing, denied his motion, made pursuant to CPL 330.20, seeking his discharge or release from the Central Islip Psychiatric Center. The petitioner also appeals from (1) two orders of the same court, both dated September...

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