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FRANCIS S. v. STONE

No. 97 Civ. 2178(LAK).

995 F.Supp. 368 (1998)

FRANCIS S., Petitioner, v. James STONE, etc., et al., Respondent.

United States District Court, S.D. New York.

February 24, 1998.

Attorney(s) appearing for the Case

Steven J. Harkavy, Mental Hygiene Legal Services, New York City, for Petitioner.

Christine E. Morrison, Assistant Attorney General, Dennis C. Vacco, Attorney General of the State of New York, New York City, for Respondent.

Morrie I. Kleinbart, Assistant District Attorney, New York City, for Intervenor Respondent Robert M. Morgenthau District Attorney of the County of New York.

MEMORANDUM OPINION

KAPLAN, District Judge.

Petitioner Francis S. assaulted a police officer with a knife and then pleaded not responsible by reason of mental disease or defect. As a result, he was committed to the custody of the Commissioner of Mental Health (the "Commissioner"), eventually released on an order of conditions, but then recommitted after a determination by the state courts, affirmed by the New York Court of Appeals, that he suffered from a...

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