Legal Opinion

In re Francis S.

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1994PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The central issue on this appeal is whether an acquittee by reason of mental disease or defect, who has repeatedly violated the order of conditions upon which he gained release, and who is still mentally ill and a polysubstance abuser given to acts of violence, may still be found to be not suffering from a dangerous mental disorder because at the time of the hearing on recommitment pursuant to CPL 330.20 (14) the acquittee, under the structured environment of a psychiatric hospital, is not presently exhibiting dangerous behavior.

After lengthy hearings, the Supreme Court…

3Cases cited7 opinions

  1. Foucha v. LouisianaSupreme Court of the United States · 1992
  2. People v. StoneNew York Court of Appeals · 1989
  3. People Ex Rel. Thorpe v. Von HoldenNew York Court of Appeals · 1984
  4. Seltzer v. HogueAppellate Division of the Supreme Court of the State of New York · 1993
  5. In re TorresNew York Court of Appeals · 1991

2 more not listed; retrieve them via the Exa API.

4Cited by14 opinions

  1. Francis S. v. StoneCourt of Appeals for the Second Circuit · 2000
  2. Matter of George L.New York Court of Appeals · 1995
  3. Fairchild, Arabatzis & Smith v. Prometco (Prod. & Metals)District Court, S.D. New York · 1979
  4. Matter of Francis S.New York Court of Appeals · 1995
  5. Allen B. v. SproatNew York Court of Appeals · 2014

9 more not listed; retrieve them via the Exa API.

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