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IN THE MATTER OF JEREMIAH S.

2009-04248

69 A.D.3d 730 (2010)

893 N.Y.S.2d 197

2010 NY Slip Op 265

In the Matter of JEREMIAH S., Respondent. NEW YORK STATE COMMISSIONER OF MENTAL HEALTH, Respondent; THOMAS J. SPOTA, as District Attorney, Appellant.

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

Decided January 12, 2010.

Ordered that the order is affirmed, without costs or disbursements.

In 1986 Jeremiah S. was indicted on charges of rape in the first degree (six counts), burglary in the first degree, kidnapping in the first degree, sodomy in the first degree, and assault in the second degree (two counts). In a commitment order dated July 23, 1987, the County Court concluded that Jeremiah S. was not responsible for his acts by reason of mental disease or defect in accordance with...

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