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PEOPLE v. STONE

138 A.D.2d 4 (1988)

The People of the State of New York, Respondent, v. John Stone, Appellant. Commissioner, New York State Office of Mental Health, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 2, 1988

Attorney(s) appearing for the Case

Tami J. Aisenson of counsel (Marc Frazier Scholl with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Stephen J. Harkavy of counsel (Marvin Bernstein with him on the brief; Ronald N. Gottlieb, attorney), for appellant.

Robert L. Schonfeld of counsel (Yolanda M. Pizarro with him on the brief; Robert Abrams, Attorney-General, attorney), on behalf of the Commissioner of the New York State Office of Mental Health, respondent.

MURPHY, P. J., and KASSAL, J., concur with ASCH, J.; SANDLER and CARRO, JJ., dissent in an opinion by SANDLER, J.

ASCH, J.

This is an appeal from a determination granting an application brought by the District Attorney under CPL 330.20 (14) seeking to "recommit" John Stone to a secure mental facility. The appellant takes the position that the proceeding should have been initiated under the Mental Hygiene Law. He urges that the procedures invoked by the New York County District Attorney's Office were improper and that, as...

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