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LEE v. KOLB

No. Civ. 75-37.

449 F.Supp. 1368 (1978)

Rufus LEE, Jr., Plaintiff, v. Lawrence KOLB, Commissioner of Mental Hygiene for the State of New York, and Desmond Moleski, Director of the Buffalo Psychiatric Center, Buffalo, New York, Defendants.

United States District Court, W. D. New York.

May 1, 1978.

Attorney(s) appearing for the Case

Paul Ivan Birzon, Nelson F. Zakia, Runfola, Birzon & Renda, Buffalo, N. Y., for plaintiff.

Louis J. Lefkowitz, Atty. Gen., of the State of N. Y., New York City, for defendants; Eugene A. Panfil, Buffalo, N. Y., of counsel.

Before VAN GRAAFEILAND, Circuit Judge, and CURTIN and ELFVIN, District Judges.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiff challenges the constitutionality of the mandatory commitment and release provisions of section 330.20 of the Criminal Procedure Law of the State of New York ("C.P.L. § 330.20") which in pertinent part provides:

"1. Upon 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 of mental...

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