Legal Opinion
Matter of Norman D.
New York Court of Appeals
Decided October 19, 2004PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Can an insanity acquittee’s track status—as established by an initial commitment order finding that he suffers from a “dangerous mental disorder”—be changed when, pursuant to a rehearing and review under CPL 330.20 (16), he is later determined to be “mentally ill” but no longer suffering from the dangerous mental disorder? We answer that question in the negative, as did the Appellate Division. Track status, as determined by the initial commitment order, governs the acquittee’s level of supervision in fixture proceedings and may be overturned only on appeal…
2Cases cited7 opinions
- Matter of George L.New York Court of Appeals · 1995
- People v. StoneNew York Court of Appeals · 1989
- Matter of Jill ZZ.New York Court of Appeals · 1994
- Barber v. Rochester Psychiatric CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Maureen A. v. WackNew York Supreme Court · 1991
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Janakievski v. Executive Director, Rochester Psychiatric CenterCourt of Appeals for the Second Circuit · 2020
- Jamie R. v. ConsilvioNew York Court of Appeals · 2006
- Allen B. v. SproatNew York Court of Appeals · 2014
- In re Daniel XX.Appellate Division of the Supreme Court of the State of New York · 2008
- Jamie R. v. ConsilvioAppellate Division of the Supreme Court of the State of New York · 2005
19 more not listed; retrieve them via the Exa API.