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MATTER OF FRANCIS S.

87 N.Y.2d 554 (1995)

663 N.E.2d 881

640 N.Y.S.2d 840

In the Matter of Francis S., Appellant. District Attorney of New York County et al., Respondents.

Court of Appeals of the State of New York.

Decided December 28, 1995.

Attorney(s) appearing for the Case

Stephen J. Harkavy, New York City, Starr McFerrin-Clancy and Felice Wechsler for appellant.

Dennis C. Vacco, Attorney-General, Albany (Howard L. Zwickel, Victoria A. Graffeo and Andrea Green of counsel), for Commissioner, New York State Office of Mental Health, respondent.

Robert M. Morgenthau, District Attorney of New York County, New York City (Morrie I. Kleinbart, Norman Barclay and Gary J. Galperin of counsel), respondent pro se.

Davis Polk & Wardwell, New York City (John J. Clarke, Jr., Frank S. Moseley, Odgen N. Lewis, Thomas P. Ogden and Christopher J. Sprigman of counsel), for American Alliance for Rights & Responsibilities and others, amici curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

In 1987, with the permission of the court and the consent of the People, defendant Francis S. entered a plea of not responsible by reason of mental disease or defect to charges of attempted assault in the first degree and possession of a weapon in the third degree (see, CPL 220.15). Before accepting that plea, the court made the requisite finding "that each element of [each] offense * * * charge...

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