In re Francis S.

Murphy, P. J. (dissenting).

Appellants, the New York *24County District Attorney and the Commissioner of the New York State Office of Mental Health (hereinafter Commissioner or OMH), appeal from an order of the Supreme Court, New York County, which, after a hearing, denied the Commissioner’s application to recommit respondent Francis S. as dangerously mentally ill pursuant to CPL 330.20 (14). Appellants’ principal contention is that the hearing court misconstrued the statutory standard for recommitment, and that had the applicable standard been properly understood, the hearing evidence evaluated…