In re Richard E. R.

In a proceeding pursuant to CPL 330.20 (subd 5) by a committed person for discharge or release from the custody of the Commissioner of Mental Hygiene, petitioner appeals from an order of the Supreme Court, Queens County, dated April 21, 1975, which, after a hearing, denied the application. Order affirmed, without costs or disbursements. In our opinion petitioner failed to sustain his burden of proving, by a preponderance of the credible evidence, that, at the time of the hearing, he was capable of being released without presenting a danger to himself or to others (CPL 330.20). CPL 330.20 is…