Legal Opinion
State Ex Rel. Harkavy v. Consilvio
New York Court of Appeals
Decided November 21, 2006PublishedCited by 36 opinions
POINTS OF COUNSEL
1Opinion of the Court
*610OPINION OF THE COURT
Ciparick, J.
The issue presented by this appeal is whether the procedure employed by the State in involuntarily committing certain sex offenders leaving the custody of the Department of Correctional Services (DOCS) was proper. In the absence of specific statutory authority governing the release of felony offenders from prison to a psychiatric hospital, we hold that the procedures set forth in Correction Law § 402, rather than Mental Hygiene Law article 9, better suit this situation.
Petitioners were in the custody of DOCS, and nearing the end of their prison sentences for…
2Cases cited3 opinions
- State ex rel. Harkavy v. ConsilvioAppellate Division of the Supreme Court of the State of New York · 2006
- In re LindnerNew York Supreme Court · 1978
- State ex rel. Harkavy v. ConsilvioNew York Supreme Court · 2005
3Cited by36 opinions
- Warren v. PatakiCourt of Appeals for the Second Circuit · 2016
- State v. Floyd Y.New York Court of Appeals · 2013
- Bailey v. PatakiCourt of Appeals for the Second Circuit · 2013
- People Ex Rel. Joseph II v. Superintendent of Southport Correctional FacilityNew York Court of Appeals · 2010
- State v. Myron P.New York Court of Appeals · 2012
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