People v. McCabe

The defendant, by his attorney, requests that this court conduct a jury review of our order dated August 13, 1973 which found him to be a dangerously incapacitated person and committed him to the care and custody of the Commissioner of Mental Hygiene.

Our order specifically informed the Commissioner of Mental Hygiene that the defendant could not be transferred to a facility under the jurisdiction of the Department of Correctional Services unless and until the procedures required by sections 29.13 and 31.35 of the Mental Hygiene Law are followed. In the decision which accompanied our order we…