People v. Miliokov

OPINION OF THE COURT

Matthew J. D’Emic, J.

*817Statement of Facts

Defendant was indicted for assault in the first degree in 2003. On February 3, 2005, he was found unfit to proceed to trial pursuant to Criminal Procedure Law article 730 and criminally committed to Kirby Forensic Psychiatric Center, a secure facility. The New York State Office of Mental Health now petitions the court to convert defendant’s criminal commitment to civil confinement on the ground that, after three years of treatment, Mr. Miliokov’s prognosis for recovery is poor. The defendant opposes this motion, contending that…