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MATTER OF RABINOWITZ v. JAMES M.

63 A.D.3d 481 (2009)

879 N.Y.S.2d 715

In the Matter of STEVEN RABINOWITZ, Petitioner, v. JAMES M., Respondent, and THOMAS J. SPOTA, as Suffolk County District Attorney, Appellant.

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

Decided June 9, 2009.

A fair interpretation of the evidence supports the application court's findings that while defendant continues to suffer from a mental illness, he no longer shows a level of dangerousness warranting retention in a secure facility, and that he otherwise meets the criteria for retention in a nonsecure facility (see Matter of David B., 97 N.Y.2d 267, 276-279 [2002]; Matter of George L., 85 N.Y.2d 295

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