In re Rose

OPINION OF THE COURT

Joseph Slavin, J.

Defendant, an acquittee of the crime of murder by reason of mental disease or defect, petitions this court for a rehearing after a denial by Mr. Justice Rigler of a dual application (writ of habeas corpus by defendant for his discharge and petition by the Commissioner of Mental Hygiene for release of defendant on conditions) deemed by the court one application by the commissioner pursuant to CPL 330.20 (subd 12). Both applications were made prior to the amendment of CPL 330.20, but as consolidated were tried by Mr. Justice Rigler under the statute as…