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MATTER OF SHELDON S.

9 A.D.3d 92 (2004)

778 N.Y.S.2d 180

In the Matter of SHELDON S., Appellant. COMMISSIONER OF NEW YORK STATE OFFICE OF MENTAL HEALTH et al., Respondents.

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

June 1, 2004.

Attorney(s) appearing for the Case

Sidney Hirschfeld, Mineola (Lisa Volpe and Dennis B. Feld of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Marion R. Buchbinder and Edward J. Curtis, Jr., of counsel), for Commissioner of New York State Office of Mental Health, respondent.

Charles J. Hynes, District Attorney, Brooklyn (Anne Swern, Caroline R. Donhauser and David C. Kelly of counsel), respondent pro se.

RITTER, H. MILLER and CRANE, JJ., concur.

OPINION OF THE COURT

PRUDENTI, P.J.

On the morning of March 26, 1999, the appellant, Sheldon S., assaulted three women and sexually abused two of them during a sudden outburst of violence in an apartment building in Brooklyn. On June 12, 2000, Sheldon S. entered a plea of not responsible by reason of mental disease or defect to a 21-count indictment, which charged him with various degrees of burglary, assault, sexual abuse, and attempted rape, stemming from...

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