In re Ralph M.

*829OPINION OF THE COURT

Aileen Haas Schwartz, J.

The issue of mental illness in a criminal or juvenile delinquency proceeding tests our society’s dedication to the principle of fundamental fairness.1 Two questions are raised in this case: (1) Does the preponderance standard of proof prescribed by subdivision 4 of section 760 of the Family Court Act comply with procedural due process requirements in the wake of Addington v Texas (441 US 418)? (2) Is respondent entitled to the procedural safeguards of article 9 of the Mental Hygiene Law, including the right to jury trial review, as an equal…