Legal Opinion
In re Tucker
New York Supreme Court
Decided December 12, 1989PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Lewis R. Friedman, J.
This application pursuant to Mental Hygiene Law § 9.35 *1012seeks a jury review of an order retaining a mental patient; it presents a question which has not been addressed in the reported cases: what is the proper venue of the proceeding?
Petitioner was found not responsible by reason of mental disease or defect in Supreme Court, Queens County. That court ordered petitioner committed to the custody of the Commissioner of Mental Health (Commissioner) in a secure facility for six months (CPL 330.20 [6]). Thereafter, retention orders were issued by the Orange…
2Cases cited6 opinions
- Matter of Torsney (Mental Hygiene)New York Court of Appeals · 1979
- In re RoseNew York Supreme Court · 1981
- Lashway v. Hanes, New York County Courts1974
- People v. DeckerAppellate Division of the Supreme Court of the State of New York · 1973
- People v. McCabe, New York County Courts1973
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re Thomas C.Appellate Division of the Supreme Court of the State of New York · 1994
- In re Henry L., New York County Courts1997
- In re Application for an Order to Extend an Order of Conditions Pursuant to CPL 330.20 in Relation to Andrew H., New York County Courts2011