Legal Opinion

In re Adam K.

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

Decided August 14, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Angiolillo, J.

The petitioner, the director of a state facility, Creedmoor Psychiatric Center (hereinafter Creedmoor), commenced this proceeding for permission to administer antipsychotic medication to an involuntarily committed patient over his objection. At the hearing on the petition, Creedmoor chose not to present the testimony of the patient’s treating psychiatrist, and called a single expert witness who had interviewed the patient on one occasion and reviewed the patient’s records. The Supreme Court, applying “the missing witness rule,” denied the petition after…

2Cases cited34 opinions

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. Graves v. United StatesSupreme Court of the United States · 1893
  3. Rivers v. KatzNew York Court of Appeals · 1986
  4. People v. SavinonNew York Court of Appeals · 2003
  5. Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983

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