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BARBER v. ROCHESTER CTR.

250 A.D.2d 87 (1998)

680 N.Y.S.2d 773

In the Matter of Joseph Barber, Appellant, v. Rochester Psychiatric Center, Respondent

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

November 13, 1998

Attorney(s) appearing for the Case

Mental Hygiene Legal Services, Rochester (Arlene Hughes and Dana Ragsdale of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Julie Mereson of counsel), for respondent.

PINE, J. P., LAWTON, PIGOTT, JR., and BOEHM, JJ., concur.

CALLAHAN, J.

This appeal raises the issue whether a court or a jury in a rehearing and review held pursuant to CPL 330.20 (16) should determine whether an individual confined pursuant to CPL 330.20 suffers from a "dangerous mental disorder", requiring retention in a secure facility. Supreme Court determined that the issue should be resolved by a court and not a jury. Although there is no appellate authority on...

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