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PEOPLE v. STONE

73 N.Y.2d 296 (1989)

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

Court of Appeals of the State of New York.

Decided March 28, 1989.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Tami J. Aisenson and Marc Frazier Scholl of counsel), for appellant.

Stephen J. Harkavy, Ronald N. Gottlieb and Marvin Bernstein for John Stone, respondent.

Robert Abrams, Attorney-General (O. Peter Sherwood, Yolanda M. Pizarro and Robert L. Schonfeld of counsel), for Commissioner, New York State Office of Mental Health, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

BELLACOSA, J.

Two police officers responded to a 911 emergency call from a mother that her adult son, respondent Stone, had beat her and was threatening to kill her. Shortly after they entered the apartment, Stone injured both officers with a baseball bat and was thereafter charged with assault, second degree. The People consented to defendant's plea of not guilty by reason of mental disease or defect, in Supreme...

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