Ordered that the appeal is dismissed as academic, without costs or disbursements.
In 2007, the County Court, Schenectady County, accepted the appellant's plea of not responsible by reason of mental disease or defect to various criminal charges. As a result, the appellant has been in the custody of the Commissioner of the New York State Office of Mental Health (hereinafter the Commissioner), pursuant to Criminal Procedure Law § 330.20, based upon a finding that...
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