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MATTER OF ANTHONY M.

9135, 108/94.

102 A.D.3d 628 (2013)

958 N.Y.S.2d 591

2013 NY Slip Op 552

In the Matter of ANTHONY M., Respondent. NEW YORK STATE COMMISSIONER OF MENTAL HEALTH, Respondent. THOMAS J. SPOTA, Appellant.

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

Decided January 31, 2013.

A fair interpretation of the evidence supports the court's determination that the "issuance of [the] discharge order [was] consistent with the public safety and welfare of the community and the defendant" (CPL 330.20 [13]; see Matter of Rabinowitz v James M., 63 A.D.3d 481 [1st Dept 2009]). There is no basis to disturb the hearing court's evaluation of the testimony of the psychiatric experts (see Matter of Kelly, ...

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