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MTR. OF JAMIE R. v. CONSILVIO

17 A.D.3d 52 (2005)

790 N.Y.S.2d 94

In the Matter of JAMIE R., Respondent, v. EILEEN CONSILVIO, as Director of Kirby Forensic Psychiatric Center, Appellant.

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

February 24, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Julie M. Loughran and Robert H. Easton of counsel), for appellant.

Marvin Bernstein, Mental Hygiene Legal Service, New York City (Diane G. Temkin of counsel), for respondent.

TOM, J.P., ANDRIAS, WILLIAMS and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

In July 1998, petitioner, charged with assault after kicking a court officer and attempting to kick a sergeant while in custody on a violation of probation and having been found to be suffering from paranoid schizophrenia and an antisocial personality disorder, pleaded not responsible by reason of mental disease and, following a hearing, was committed, pursuant to CPL 330.20 (7), to the custody of the Commissioner of the...

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