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MATTER OF STONE

294 A.D.2d 59 (2002)

740 N.Y.S.2d 335

In the Matter of JAMES L. STONE, Appellant. RAMON M., Respondent. ROBERT T. JOHNSON, Appellant. In the Matter of JAMES L. STONE, Appellant. ANGELO G., Respondent. ROBERT T. JOHNSON, Appellant.

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

April 25, 2002.

Attorney(s) appearing for the Case

Jonathan D. Birenbaum of counsel (Marion R. Buchbinder on the brief; Eliot Spitzer, Attorney General, attorney), for appellant.

Stephen J. Harkavy of counsel (Karen G. Andreasian on the brief; Marvin Bernstein, Director, Mental Hygiene Legal Service, attorney), for respondents.

Jonathan Zucker of counsel (Raffaelina Gianfrancesco on the brief; Robert T. Johnson, District Attorney, Bronx County, attorney), for appellant.

NARDELLI, J.P., TOM, BUCKLEY and LERNER, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.

These consolidated appeals require us to examine certain provisions of the Insanity Defense Reform Act of 1980 (L 1980, ch 548, codified in part at CPL 330.20). Specifically, we must determine whether the Legislature intended that, after the expiration date of an order of conditions, supervision by the State Office of Mental Health (OMH) over an insanity acquittee is automatically terminated, or, whether a hearing is required...

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