STATE OF NY v. LITTLE LUKE KK

505822.

72 A.D.3d 135 (2010)

894 N.Y.S.2d 605

In the Matter of STATE OF NEW YORK, Respondent, v. LITTLE LUKE KK., Appellant.

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

Decided February 18, 2010.


Attorney(s) appearing for the Case

Sheila E. Shea, Mental Hygiene Legal Service, Albany ( Shannon Stockwell of counsel), for appellant.

Andrew M. Cuomo , Attorney General, Albany ( Kathleen M. Treasure of counsel), for respondent.

CARDONA, P.J., MERCURE, MALONE Jr. and McCARTHY, JJ., concur.


OPINION OF THE COURT

KAVANAGH, J.

In March 1983, respondent was convicted by verdict in Albany County of rape in the first degree and subsequently sentenced to 12½ to 25 years in prison.1 While incarcerated, respondent, as a result of mental health issues, was transferred to psychiatric hospitals operated by the Office of Mental Health (hereinafter OMH) on nine separate occasions where he received in-patient

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