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MATTER OF TORSNEY (MENTAL HYGIENE)

47 N.Y.2d 667 (1979)

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

Court of Appeals of the State of New York.

Reargued May 31, 1979.

Decided July 9, 1979.

Attorney(s) appearing for the Case

Joseph Frost and Edward M. Rappaport for Robert Torsney, appellant.

William A. Carnahan, Jeffrey J. Sherrin, John J. Aveni and Seth M. Abrams for State Commissioner of Mental Hygiene, appellant.

Eugene Gold, District Attorney (Richard A. Finkel of counsel), for respondent pro se.

Judges JONES and FUCHSBERG concur with Judge JASEN; Judge MEYER concurs in a separate opinion in which Judge FUCHSBERG also concurs in the following memorandum: Since I see no inconsistency between the views expressed by Judge JASEN in the plurality opinion and those by Judge MEYER in his concurrence, I join in both; Judge WACHTLER dissents and votes to affirm in another opinion in which Chief Judge COOKE and Judge GABRIELLI concur.

JASEN, J.

In a tragic incident occurring on Thanksgiving Day, November 25, 1976, appellant Robert Torsney, a New York City police officer, shot and killed a 15-year-old Black youth. He was indicted and charged with second degree murder. At his trial, held in November, 1977, one year after the incident, Torsney interposed as a defense a lack of criminal responsibility for his conduct on the date of the crime charged...

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