People v. McArthur

OPINION OF THE COURT

Seymour Rotker, J.

The petitioner in this action is the Queens County District Attorney. He moves this court to challenge a court order permitting the respondent to enjoy a less restricted institutional status.

Respondent Charles McArthur was indicted for robbery in the first degree by a Queens County Grand Jury in 1976. On November 24, 1980, pursuant to CPL 730.50, he was found incompetent to proceed to trial and committed to the custody of the Commissioner of Mental Health to be placed in an appropriate State institution. He was thereafter sent to the Mid-Hudson…