Lublin v. Central Islip Psychiatric Center

Titone, J. (concurring in part and dissenting in part).

I fully agree with the views of my eminent colleague, Mr. Justice Shapiro, that the petitioner appellant’s request for a closed hearing is without merit and that the District Attorney was entitled to participate in the judicial proceeding held on the appellant’s application for discharge or release (see CPL 330.20, subds 2, 5). However, I cannot subscribe to his conclusion that the hearing court infringed upon the appellant’s constitutional rights by requiring him to prove that he was not presently dangerous, and thus could be safely…