Order unanimously affirmed.
Memorandum:
As found by Supreme Court, the record establishes, by a preponderance of the evidence, that defendant does not have a dangerous mental defect and is not mentally ill within the meaning of CPL 330.20 (1) (d) and is, therefore, entitled to be released from in-patient status on conditions (see, CPL 330.20 [12]).
The testimony of the psychiatrist and the psychologist who testified for petitioner, State Commissioner...
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