MATTER OF MICHAEL RR.


233 A.D.2d 30 (1997)

663 N.Y.S.2d 317

In the Matter of Michael Rr., Respondent. Commissioner of Mental Health, Appellant

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

October 16, 1997


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Lisa Le Cours of counsel), for appellant.

Sheila E. Shea, Mental Hygiene Legal Services, Albany, for respondent.

CARDONA, P. J., MERCURE, PETERS and SPAIN, JJ., concur.


CARPINELLO, J.

We are asked to decide the proper burden of proof to be applied during a retention hearing held pursuant to CPL 330.20 (9) and (16). More precisely, the important issue before this Court is whether Supreme Court erred in requiring petitioner to establish by clear and convincing evidence, rather than by a fair preponderance of the credible evidence, that respondent is mentally ill, that in-patient...

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