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PEO. EX REL. THORPE v. VON HOLDEN

63 N.Y.2d 546 (1984)

The People of the State of New York ex rel. George Thorpe, Appellant, v. Martin Von Holden, as Director of Rochester Psychiatric Center, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 29, 1984.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Brian Shiffrin of counsel), for appellant.

Robert Abrams, Attorney-General (Julie S. Mereson and Peter H. Schiff of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur.

MEYER, J.

It is the obligation of the Commissioner of Mental Health with respect to a criminal offender found not guilty by reason of mental disease or defect and committed to the custody of the Commissioner pursuant to CPL 330.20 to begin proceedings for retention or release within the time required by statute; after a demand for a hearing, to bring the matter on promptly...

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