MENTAL HYGIENE LEGAL SERVS. v. WACK


148 A.D.2d 341 (1989)

Mental Hygiene Legal Services, on Relation of Angel Cruz, Respondent, v. Renate Wack, as Executive Director of Kirby Forensic Psychiatric Center, et al., Appellants

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

March 14, 1989


This is an appeal by the Commissioner of Mental Health and the District Attorney from an order releasing petitioner from the former's custody on a writ of habeas corpus, subject to an order of conditions. Petitioner has been in the custody of the Commissioner pursuant to CPL 330.20 since May 1979 when, after a bench trial, he was found not guilty of murder by reason of mental disease or defect, to wit, paranoid schizophrenia. This dangerous mental disorder caused petitioner...

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