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MATTER OF NORMAN D.

309 A.D.2d 143 (2003)

764 N.Y.S.2d 129

In the Matter of NORMAN D., Appellant. COMMISSIONER OF THE NEW YORK STATE OFFICE OF MENTAL HEALTH, Respondent.

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

September 8, 2003.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Mineola (Sidney Hirschfeld, Felicia B. Rosen and Dennis B. Feld of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Peter H. Schiff and Julie S. Mereson of counsel), for respondent.

Donald A. Williams, District Attorney, Kingston (Paul Tsui of counsel), amicus curiae.

FEUERSTEIN, J.P., MASTRO and RIVERA, JJ., concur.

OPINION OF THE COURT

KRAUSMAN, J.

The current version of CPL 330.20, enacted as part of the Insanity Defense Reform Act of 1980 (L 1980, ch 548), permits an individual who has been found not responsible for a crime due to mental illness to be committed to a secure psychiatric facility upon a finding that he or she is suffering from a "dangerous mental disorder." This initial determination that an insanity acquittee suffers from a dangerous mental disorder...

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