Miccoli v. W.T.

OPINION OF THE COURT

Doris Ling-Cohan, J.

In this proceeding brought under Criminal Procedure Law § 330.20, the Nassau County District Attorney’s Office seeks an order authorizing the doctors and staff of Kirby Forensic Psychiatric Center to speak with the DA in regards to the treatment and care of W.T. so that it may adequately prepare for a hearing, pursuant to CPL 330.20 (8), to determine whether he is dangerously mentally ill and should be retained at Kirby.

As explained below, the application by the DA is denied, without prejudice, as the DA failed to demonstrate in the within moving papers…