In re Buthy

Appeal unanimously dismissed, without costs. Memorandum: Petitioner appeals from the denial after a hearing of his petition for release from Gowanda Psychiatric Center. Petitioner was committed to the custody of the New York State Commissioner of Mental Health in 1972 after his acquittal of a charge of assault, first degree, by reason of mental disease or defect. His chief contention is that the court in reaching its determination erred in applying the “fair preponderance of the evidence” standard of proof instead of the “clear and convincing” standard enunciated in Addington v Texas (441 US…