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  5. 69 N.Y.2d 763 (1987)
 

PEOPLE v. ORTEGA

69 N.Y.2d 763 (1987)

The People of the State of New York, Appellant, v. Gilbert Ortega, Respondent.

Court of Appeals of the State of New York.

Decided February 10, 1987.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Kevin D. McLoone and Jeremy Gutman of counsel), for appellant.

Robert S. Dean and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur; Judge HANCOCK, JR., dissents in part and votes to modify in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was found not responsible for the crime of rape in the first degree by reason of mental disease or defect and was committed, in the custody of the Commissioner of Mental Health pursuant to CPL 330.20, to the Mid-Hudson Psychiatric Center, a secure facility. While a second retention order was in effect (CPL 330.20 [9]) defendant was transferred...

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