People v. Lancaster

OPINION OF THE COURT

Callahan, J.

The People appeal from an order dismissing two counts of an indictment which charged defendant with attempted murder (Penal Law §§ 110.00, 125.25 [1]) and assault, second degree (Penal Law § 120.05 [1]).

It was on the evening of October 21, 1984, when defendant, who was then confined to the Hutchings Psychiatric Center in the City of Syracuse pursuant to a CPL article 730 retention order, allegedly beat and choked another patient therein while that person lay asleep in his bed. Employees interrupted the *94act and physically restrained defendant from inflicting…