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PEOPLE v. SANTOS

127 Misc.2d 63 (1985)

The People of the State of New York, Plaintiff, v. Louis Santos, Defendant.

Supreme Court, New York County.

January 18, 1985

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Maurice Mathis of counsel), for plaintiff. Caesar Cirigliano and Allen Farbman for defendant.

CAROL BERKMAN, J.

The defendant has been found to be unfit and both defense counsel and the People have moved to confirm that finding. The question is to whom should the court direct an order of commitment pursuant to CPL 730.50 (1) when the defendant is an incapacitated person as a result of mental defect rather than mental illness?

THE INSTANT CASE

Louis Santos is a 19-year-old man who, because of neglect, was removed from his natural...

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