In re Michael RR.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Carpinello, J.
We are asked to decide the proper burden of proof to be applied during a retention hearing held pursuant to CPL 330.20 (9) and (16). More precisely, the important issue before this Court is whether Supreme Court erred in requiring petitioner to establish by clear and convincing evidence, rather than by a fair preponderance of the credible evidence, that respondent is mentally ill, that in-patient services are essential to his well-being and that his judgment is so impaired that he does not understand the need for such care and treatment (see, CPL 330.20 [1]…
2Cases cited11 opinions
- Addington v. TexasSupreme Court of the United States · 1979
- Matter of George L.New York Court of Appeals · 1995
- People v. EscobarNew York Court of Appeals · 1984
- People v. StoneNew York Court of Appeals · 1989
- Matter of Oswald N.New York Court of Appeals · 1995
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3Cited by7 opinions
- In re Michael RR.Appellate Division of the Supreme Court of the State of New York · 2001
- In re JerriellAppellate Division of the Supreme Court of the State of New York · 2001
- In re James Q.Appellate Division of the Supreme Court of the State of New York · 2014
- In re James Q.Appellate Division of the Supreme Court of the State of New York · 2014
- In re Marvin P.Appellate Division of the Supreme Court of the State of New York · 2014
2 more not listed; retrieve them via the Exa API.