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MENTAL HYGIENE v. RHODES

195 A.D.2d 160 (1994)

In the Matter of Mental Hygiene Legal Services ex rel. James U., Respondent, v. Dwight D. Rhodes, as Director of Binghamton Psychiatric Center, Appellant

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

January 20, 1994

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Denise A. Hartman and Peter H. Schiff of counsel), for appellant.

David M. LeVine, Albany (Sheila E. Shea and James E. Higgins of counsel), for respondent.

CARDONA, P. J., MERCURE, CASEY and WEISS, JJ., concur.

WHITE, J.

Petitioner has been in the custody of the Commissioner of Mental Health since 1987 when he pleaded not responsible by reason of mental disease or defect to charges of attempted murder and reckless endangerment. He is presently detained at Binghamton Psychiatric Facility in Broome County pursuant to a two-year retention order issued on August 19, 1992. On June 24, 1993, petitioner commenced this habeas...

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