MATTER OF ALLEN B. v. SPROAT

Nos. 73, 74

23 N.Y.3d 364 (2014)

14 N.E.3d 930

991 N.Y.S.2d 386

2014 NY Slip Op 3427

In the Matter of ALLEN B., Respondent, v. CHRISTINE A. SPROAT, Justice of the Supreme Court, Dutchess County, et al., Appellants, et al., Respondent. In the Matter of ROBERT T., Respondent, v. CHRISTINE A. SPROAT, Justice of the Supreme Court, Dutchess County, et al., Appellants, et al., Respondent.

Court of Appeals of New York.

Decided May 13, 2014.


Attorney(s) appearing for the Case

Eric T Schneiderman , Attorney General, New York City ( Andrew W. Amend , Barbara D. Underwood and Steven C. Wu of counsel), for appellants in the first and second above-entitled proceedings.

Lesley M. DeLia , Mental Hygiene Legal Service, Mineola ( Lisa Volpe , Scott Wells and Dennis B. Feld of counsel), for respondents in the first and second above-entitled proceedings.

Kathleen M. Rice , District Attorney, Mineola ( Jacqueline Rosenblum , Tammy J. Smiley and Rebecca Abensur of counsel), for District Attorneys Association of the State of New York, amicus curiae in the first and second above-entitled proceedings.


OPINION OF THE COURT

READ, J.

The issue common to these appeals is whether a supervising court may include in an order of conditions a provision allowing the New York State Office of Mental Health (OMH) to seek judicial approval of a mandatory psychiatric evaluation in a secure facility when a defendant found not responsible by reason of mental disease or defect fails to comply with the conditions of his release and refuses to undergo voluntary examination...

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