An unusual issue is raised by defendant's motion to dismiss the indictment: can a person acquitted by reason of insanity, who is placed pursuant to court order in a nonsecure mental health facility, be indicted for the crime of escape?
I. FACTS
On November 22, 1978, the Grand Jury of New York County indicted the defendant Gilbert Ortega for the crimes of rape in the first degree and related offenses. On January 8, 1981...
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