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MATTER OF MARVIN P.

2012-08392

120 A.D.3d 160 (2014)

986 N.Y.S.2d 190

In the Matter of MARVIN P., Respondent. KATHLEEN M. RICE et al., Appellants.

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

Decided May 21, 2014.

Attorney(s) appearing for the Case

Kathleen M. Rice, District Attorney, Mineola (Tammy J. Smiley and Jacqueline Rosenblum of counsel), appellant pro se.

Eric T. Schneiderman , Attorney General, New York City ( Cecelia C. Chang and Patrick J. Walsh of counsel), for New York State Office of Mental Health, appellant.

Marvin P., respondent pro se.

OPINION OF THE COURT

CHAMBERS, J.

The primary question before us is whether, pursuant to CPL 330.20 (1) (c), the respondent currently suffers from a dangerous mental disorder necessitating his continued retention in a secure psychiatric facility. Following a hearing, the Supreme Court determined that the respondent no longer suffered from a dangerous mental disorder and ordered his release upon an order of conditions. We disagree and reverse. In reaching...

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