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PEOPLE v. LEWIS

95 N.Y.2d 539 (2000)

742 N.E.2d 601

720 N.Y.S.2d 87

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROGELIO LEWIS, Respondent.

Court of Appeals of the State of New York.

Decided December 19, 2000.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney of Kings County, Brooklyn (David C. Kelly, Debra W. Petrover, Joseph J. McCarthy, Jr., and Monique Ferrell of counsel), for appellant.

Mental Hygiene Legal Service, Mineola (Valdi Licul, Sidney Hirschfeld and Dennis B. Feld of counsel), for respondent.

Robert M. Carney, District Attorney of Schenectady County, Schenectady, Guy Arcidiacono, Riverhead, and Susan I. Braitman for New York State District Attorneys Association, amicus curiae.

Richard J. Barbuto, Mineola, for New York State Association of Criminal Defense Lawyers, amicus curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

LEVINE, J.

Defendant was indicted for manslaughter in the first degree arising from the fatal stabbing of his father in April of 1981. He was found to be mentally incapacitated to stand trial after an examination under CPL article 730. On May 7, 1981, defendant was committed to the custody of the State Commissioner of Mental Health under an "order of commitment" (CPL 730.50 [1]) and placed in a secure psychiatric facility until such...

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