In the Matter of DAVID B., Appellant.
COMMISSIONER OF THE NEW YORK STATE OFFICE OF MENTAL HEALTH et al., Respondents.
In the Matter of RICHARD S., Appellant.
COMMISSIONER OF THE NEW YORK STATE OFFICE OF MENTAL HEALTH, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 3, 2002.
Decided February 13, 2002.
Attorney(s) appearing for the Case
Mental Hygiene Legal Service, Mineola (Lesley M. De Lia, Sidney Hirschfeld, Valdi Licul, Dennis B. Feld and Michael D. Neville of counsel), for appellant in the first above-entitled proceeding.
Eliot Spitzer, Attorney General, Albany (Julie S. Mereson, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for Commissioner of the New York State Office of Mental Health, respondent in the first above-entitled proceeding.
Robert M. Morgenthau, District Attorney of New York County, New York City (Morrie I. Kleinbart and Sheryl Feldman of counsel), for District Attorney of New York County, respondent in the first above-entitled proceeding.
Mental Hygiene Legal Service, Mineola (Lesley M. De Lia, Sidney Hirschfeld, Valdi Licul, Dennis B. Feld and Michael D. Neville of counsel), for appellant in the second above-entitled proceeding.
Eliot Spitzer, Attorney General, Albany (Julie S. Mereson, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for Commissioner of the New York State Office of Mental Health, respondent in the second above-entitled proceeding.
Richard A. Brown, District Attorney of Queens County, Kew Gardens (Donna Aldea, John M. Castellano and Lisa Drury of counsel), for District Attorney of Queens County, respondent in the second above-entitled proceeding.
Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
CIPARICK, J.
The common issue on these appeals is the nature of the showing of dangerousness required to retain an insanity acquittee in a non-secure psychiatric facility pursuant to Criminal Procedure Law § 330.20. Because the records in these cases are unclear as to whether the hearing courts conducted sufficient inquiry or made the necessary findings regarding dangerousness, we reverse...
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