Daniel R. v. Wack

OPINION OF THE COURT

Michael D. Stallman, J.

At issue is the scope of the jury’s role in a rehearing and review proceeding concerning the continued secure retention of a criminal defendant-insanity acquittee. (CPL 330.20 [16]; Mental Hygiene Law § 9.35.)

Respondent moves to dismiss on the ground that the relief sought, viz., jury review of the patient’s dangerous mental disorder and need for secure retention, fails to state a cause of action; in the alternative, respondent moves for partial dismissal of the request for jury review of those issues. The District Attorney, as the prosecutor of the…