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MATTER OF NORMAN D.

3 N.Y.3d 150 (2004)

818 N.E.2d 642

785 N.Y.S.2d 1

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

Court of Appeals of the State of New York.

Decided October 19, 2004.

Attorney(s) appearing for the Case

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

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

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

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

Can an insanity acquittee's track status — as established by an initial commitment order finding that he suffers from a "dangerous mental disorder" — be changed when, pursuant to a rehearing and review under CPL 330.20 (16), he is later determined to be "mentally ill" but no longer suffering from the dangerous mental disorder? We answer that question in the negative, as did the Appellate Division. Track...

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