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MATTER OF FRANCIS S.

206 A.D.2d 4 (1994)

In the Matter of Francis S., Also Known as Francis S., Respondent. District Attorney of New York County et al., Appellants

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

November 15, 1994

Attorney(s) appearing for the Case

Birgit E. Kollmar of counsel (Morrie I. Kleinbart and Gary J. Galperin on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), appellant pro se.

Howard L. Zwickel of counsel (Yolanda M. Pizarro and Edward J. Curtis, Jr., on the brief; G. Oliver Koppell, Attorney-General, attorney), for Commissioner, New York State Office of Mental Health, appellant.

Stephen J. Harkavy of counsel (Starr McFerrin-Clancy and Julie Stoil on the brief; Marvin Bernstein, Mental Hygiene Legal Service, attorney), for respondent.

John J. Clarke, Jr., of counsel (Frank S. Moseley on the brief; Davis Polk & Wardwell, attorneys), for American Alliance for Rights and Responsibilities and others, amici curiae.

CARRO, WALLACH and NARDELLI, JJ., concur; MURPHY, P. J., dissents in a separate opinion.

Per Curiam.

The central issue on this appeal is whether an acquittee by reason of mental disease or defect, who has repeatedly violated the order of conditions upon which he gained release, and who is still mentally ill and a polysubstance abuser given to acts of violence, may still be found to be not suffering from a dangerous mental disorder because at the time of the hearing on recommitment pursuant to CPL 330.20 (14) the...

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