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MTR. OF STATE OF NY. v. MACK

250941/09.

28 Misc.3d 180 (2010)

900 N.Y.S.2d 615

In the Matter of STATE OF NEW YORK, Petitioner, v. CLIFTON MACK, Respondent.

Supreme Court, Bronx County.

Decided April 21, 2010.

Attorney(s) appearing for the Case

Andrew M. Cuomo , Attorney General ( Russell T. Seeman of counsel), for petitioner.

Mental Hygiene Legal Service ( Sadie Zea Ishee of counsel), for respondent.

OPINION OF THE COURT

MICHAEL A. GROSS, J.

In January 2010, this court presided over a jury trial conducted under article 10 of the Mental Hygiene Law to determine whether respondent currently has a mental abnormality as defined by Mental Hygiene Law § 10.03 (i). On January 13, 2010, the jury returned a verdict that respondent did not have a mental abnormality.

On January 14, 2010, petitioner made an oral application for a motion schedule

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