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MTR. OF JAMIE R. v. CONSILVIO

6 N.Y.3d 138 (2006)

844 N.E.2d 285

810 N.Y.S.2d 738

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

Court of Appeals of the State of New York.

Decided February 9, 2006.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, New York City (Stephen J. Harkavy, Karen G. Andreasian and Diane G. Temkin of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Julie Loughran, Caitlin J. Halligan, Daniel Smirlock and Robert H. Easton of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

CPL 330.20 affords criminal defendants who have been found not responsible by reason of mental disease or defect (insanity acquittees) and confined for inpatient psychiatric treatment the right to request a second trial-level proceeding—known as rehearing and review—to challenge the judicial determination authorizing confinement. We recently addressed the scope of the...

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