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FETTERUSSO v. STATE OF N.Y.

No. 670, Docket 89-2332.

898 F.2d 322 (1990)

Frank C. FETTERUSSO, Otto Hofendiener, and Leonard Giardiana, Plaintiffs-Appellants, v. STATE OF NEW YORK, New York State Office of Mental Health, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 13, 1990.

Attorney(s) appearing for the Case

Michael H. Sussman, Yonkers, N.Y., for plaintiffs-appellants.

Robert Schonfeld, Asst. Atty. Gen. for the State of N.Y., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., New York City, Yolanda M. Pizarro, Charles Davis, Asst. Attys. Gen. for the State of N.Y., of counsel) for defendants-appellees.

William M. Brooks, Mental Disability Law Clinic, Touro College, Jacob D. Fuchsberg Law Clinic, Huntington, N.Y., Brian M. Dworkin, Law Student Intern, for amicus curiae, Project Release.

Before KAUFMAN, MESKILL, and NEWMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

New York's Criminal Procedure Law provides for commitment after a verdict of those found "not responsible by reason of mental disease or defect," N.Y.Crim. Proc.Law § 330.20 (McKinney 1983 and Supp.1990). The statute recognizes a category of "quasi-criminal and quasi-civil" patients in the custody of the Commissioner of the New York State Office of Mental Health ("OMH") and under the...

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