Legal Opinion
People Ex Rel. Thorpe v. Von Holden
New York Court of Appeals
Decided November 29, 1984PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
It is the obligation of the Commissioner of Mental Health with respect to a criminal offender found not guilty by reason of mental disease or defect and committed to the custody of the Commissioner pursuant to CPL 330.20 to begin proceedings for retention or release within the time required by statute; after a demand for a hearing, to bring the matter on promptly for hearing; and, as a condition of further retention, to establish that the offender has a dangerous mental disorder or is mentally ill. Habeas corpus is a proper proceeding for testing the…
2Cases cited9 opinions
- Addington v. TexasSupreme Court of the United States · 1979
- Jones v. United StatesSupreme Court of the United States · 1983
- People v. EscobarNew York Court of Appeals · 1984
- Matter of Torsney (Mental Hygiene)New York Court of Appeals · 1979
- People ex rel. Chakwin v. WardenNew York Court of Appeals · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hanson Trust PLC v. ML SCM Acquisition Inc.Court of Appeals for the Second Circuit · 1986
- The People of the State of New York, ex rel. Lesley M. DeLia v. Douglas MunseyNew York Court of Appeals · 2015
- People ex rel. Noel B. v. JonesAppellate Division of the Supreme Court of the State of New York · 1996
- In re Francis S.Appellate Division of the Supreme Court of the State of New York · 1994
- State ex rel. Harkavy v. ConsilvioAppellate Division of the Supreme Court of the State of New York · 2006
26 more not listed; retrieve them via the Exa API.