MATTER OF ROSE


109 Misc.2d 960 (1981)

In the Matter of Charles Rose, Petitioner.

Supreme Court, Criminal Term, Kings County.

June 4, 1981


Attorney(s) appearing for the Case

Dennis F. Feld for petitioner. Eugene Gold, District Attorney (Hazel Sandomire Mushyusky of counsel).


JOSEPH SLAVIN, J.

Defendant, an acquittee of the crime of murder by reason of mental disease or defect, petitions this court for a rehearing after a denial by Mr. Justice RIGLER of a dual application (writ of habeas corpus by defendant for his discharge and petition by the Commissioner of Mental Hygiene for release of defendant on conditions) deemed by the court one application by the commissioner pursuant to CPL 330.20 (subd 12). Both applications were...

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