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MTR. OF TORSNEY

66 A.D.2d 281 (1979)

In the Matter of Robert Torsney, Respondent-Appellant. State Commissioner of Mental Hygiene, Respondent; Eugene Gold, as District Attorney, Appellant-Respondent

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

February 5, 1979

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Richard A Finkel, Jay M. Cohen and Harold Rosenbaum of counsel), appellant-respondent pro se.

Rappaport, Matza & Frost for respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Alfred B. Annenberg and Samuel A. Hirshowitz of counsel), for respondent.

MOLLEN P. J., HOPKINS, TITONE, SUOZZI and GULOTTA, JJ., concur.

Per Curiam.

Police Officer Robert Torsney was charged with murder in the second degree in connection with the fatal shooting of 15-year-old Randolph Evans on November 25, 1976. At the murder trial, Torsney adduced medical testimony that at the time of the commission of the crime he was suffering from psychomotor epilepsy — a mental disease. On November 30, 1977 the jury returned a verdict of not guilty by reason...

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