Legal Opinion
Rabinowitz v. James M.
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 2009PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Kibbie F. Payne, J.), entered on or about November 26, 2008, which directed that defendant be transferred from a secure psychiatric facility to a nonsecure psychiatric facility, unanimously affirmed, without costs.
A fair interpretation of the evidence supports the application court’s findings that while defendant continues to suffer from a mental illness, he no longer shows a level of dangerousness warranting retention in a secure facility, and that he otherwise meets the criteria for retention in a nonsecure facility (see Matter of David B., 97 NY2d…
2Cases cited3 opinions
- Matter of George L.New York Court of Appeals · 1995
- Matter of David B.New York Court of Appeals · 2002
- In re Richard S.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by3 opinions
- J., S., STATE OF NEW YORK, vAppellate Division of the Supreme Court of the State of New York · 2013
- Subsequent Retention Order Pursuant to CPL 330.20 in Relation to S.J. v. StateAppellate Division of the Supreme Court of the State of New York · 2013
- Subsequent Retention Order Pursuant to CPL 330.20 in Relation to S.J. v. StateAppellate Division of the Supreme Court of the State of New York · 2013