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MATTER OF DANIEL R. v. WACK

167 Misc.2d 74 (1995)

634 N.Y.S.2d 943

In the Matter of Daniel R., Petitioner, v. Renate Wack, as Director of Kirby Forensic Psychiatric Center, Respondent.

Supreme Court, New York County.

September 27, 1995

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General (Christine Morrison and Edward J. Curtis, Jr., of counsel), and Robert M. Morgenthau, District Attorney of New York County (Gary J. Galperin of counsel), for respondent. Mental Hygiene Legal Services (Felice Wechsler and Denis Woychuk of counsel), for petitioner.

MICHAEL D. STALLMAN, J.

At issue is the scope of the jury's role in a rehearing and review proceeding concerning the continued secure retention of a criminal defendant-insanity acquittee. (CPL 330.20 [16]; Mental Hygiene Law § 9.35.)

Respondent moves to dismiss on the ground that the relief sought, viz., jury review of the patient's dangerous mental disorder and need for secure retention, fails...

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