In re Stephen G.

Appeal, by permission, from an order of the Supreme Court (Sise, J.), entered March 10, 2004 in Washington County, which, in a proceeding pursuant to CPL 330.20 (16) and Mental Hygiene Law § 9.35, recommitted petitioner to respondent’s custody for a period of three months.

In 1995, petitioner pleaded not responsible for criminal conduct by reason of mental disease or defect. Following an evidentiary proceeding pursuant to CPL 330.20 (6), it was determined that respondent had neither a dangerous mental disorder nor a mental illness. As a result, in March 1996, he was discharged subject to a…