Legal Opinion
People v. Ortega
New York Supreme Court
Decided March 6, 1985PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Irving Lang, J.
An unusual issue is raised by defendant’s motion to dismiss the indictment: can a person acquitted by reason of insanity, who is placed pursuant to court order in a nonsecure mental health facility, be indicted for the crime of escape?
I. FACTS
On November 22, 1978, the Grand Jury of New York County indicted the defendant Gilbert Ortega for the crimes of rape in the first degree and related offenses. On January 8, 1981, following a jury trial before Honorable Morris Goldman, the defendant was found not responsible by reason of mental disease or defect. In…
2Cases cited19 opinions
- Jackson v. IndianaSupreme Court of the United States · 1972
- Finger Lakes Racing Ass'n v. New York State Racing & Wagering BoardNew York Court of Appeals · 1978
- State v. DelafoseSupreme Court of Connecticut · 1981
- People v. ValenzaNew York Court of Appeals · 1983
- Erie County Agricultural Society v. ClucheyNew York Court of Appeals · 1976
14 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Frank C. Fetterusso, Otto Hofendiener, and Leonard Giardiana v. State of New York, New York State Office of Mental HealthCourt of Appeals for the Second Circuit · 1990
- State v. TuomalaOhio Supreme Court · 2004
- People v. OrtegaNew York Court of Appeals · 1987
- People v. WalterAppellate Division of the Supreme Court of the State of New York · 1986
- State v. CrosbyCourt of Appeals of Alaska · 1989
10 more not listed; retrieve them via the Exa API.