In re Neal E.

OPINION OF THE COURT

Howard Miller, J.

This is an application by the Commissioner pursuant to CPL 330.20 (11) to transfer Mr. Neal E. from Mid-Hudson Psychiatric Center to a nonsecure facility. The District Attorney has not appeared in this proceeding.

Mr. E. has a long history of psychiatric hospitalizations commencing in 1978, when Mr. E. was 18 years old. After his discharge from Kingsboro Psychiatric Center on June 22, 1983 (after being found "not dangerous to himself or others”), Mr. E. brutally battered his mother to death with a hammer on May 26, 1984. Thereafter followed six admissions…