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MATTER OF KIRBY FORENSIC PSYCHIATRIC FACILITY v. SAMMY M.

Ind. No. 1449/08. Appeal No. 14451. Case No. 2021-00130.

199 A.D.3d 485 (2021)

154 N.Y.S.3d 418

2021 NY Slip Op 06324

In the Matter of Kirby Forensic Psychiatric Facility, Appellant, v. Sammy M., Respondent.

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

Decided November 16, 2021.

Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Mark S. Grube of counsel), and Eric Gonzalez , Kings County District Attorney, Brooklyn ( Sara Dayan of counsel), for appellant.

Marvin Bernstein , Mental Hygiene Legal Service, New York ( Diane G. Temkin of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.

Upon our review of the record, we find that petitioner established by a preponderance of the evidence that respondent continues to suffer from a dangerous mental disorder, as defined in CPL 330.20(1)(c), requiring confinement in a secured facility (see Matter of Carpinello v Floyd A., 23 A.D.3d 179, 182 [1st Dept 2005]), as opposed to a mental illness, as defined in CPL 330.20(1)(d), requiring confinement in a nonsecure facility...

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