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FRANCIS S v. PSYCHIATRIC CTR.

193 Misc.2d 438 (2002)

748 N.Y.S.2d 642

In the Matter of FRANCIS S., Petitioner, v. ROCHESTER PSYCHIATRIC CENTER, Respondent.

Supreme Court, Monroe County.

August 28, 2002.

Attorney(s) appearing for the Case

Nira T. Kermisch for petitioner.

Eliot Spitzer, Attorney General (Charles D. Steinman of counsel), for respondent.

Robert M. Morgenthau, District Attorney (Maureen O'Connor of counsel), for People of the State of New York.

OPINION OF THE COURT

DONALD J. MARK, J.

On August 7, 1987, the petitioner entered a plea of not responsible by reason of mental disease or defect pursuant to CPL 220.15 to the crimes of attempted assault in the first degree and criminal possession of a weapon in the third degree. Following various criminal and civil commitments in state psychiatric facilities, as partly chronicled in the cases of Francis S. v Stone (221 F.3d 100

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