MATTER OF OSWALD N.


87 N.Y.2d 98 (1995)

661 N.E.2d 679

637 N.Y.S.2d 949

In the Matter of Oswald N., Respondent. Commissioner of the New York State Office of Mental Health, Appellant. District Attorney of Queens County, Respondent.

Court of Appeals of the State of New York.

Decided December 5, 1995.


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Julie S. Mereson, Victoria A. Graffeo and Harvey M. Berman of counsel), for appellant.

Kim L. Darrow, Mineola, Gerald W. Kaplan and Dennis B. Feld for Oswald N., respondent.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Sharon Y. Brodt and Steven J. Chananie of counsel), for District Attorney of Queens County, respondent pro se.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


Chief Judge KAYE.

This case presents a straightforward question of statutory interpretation: do the provisions of CPL 330.20 authorize an order extending the conditions placed on an insanity acquittee's release from a psychiatric facility for a period greater than 10 years? We conclude that CPL 330.20 authorizes such an extension, and therefore reinstate the three-year extension ordered by the trial court.

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