Legal Opinion
Lee v. Kolb
District Court, W.D. New York
Decided May 1, 1978No. Civ. 75-37PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM and ORDER
ELFVIN, District Judge.
Plaintiff challenges the constitutionality of the mandatory commitment and release provisions of section 330.20 of the Criminal Procedure Law of the State of New York (“C.P.L. § 330.20”) which in pertinent part provides:
“1. Upon rendition of a verdict of acquittal by reason of mental disease or defect, the court must order the defendant to be committed to the custody of the commissioner of mental hygiene to be placed in an appropriate institution in the state department of mental hygiene.
“2. If the commissioner of mental hygiene is of the opinion…
2Cases cited76 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Crowell v. BensonSupreme Court of the United States · 1932
- Speiser v. RandallSupreme Court of the United States · 1958
71 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Matter of Torsney (Mental Hygiene)New York Court of Appeals · 1979
- In the Matter of LewisSupreme Court of Delaware · 1979
- Benham v. EdwardsCourt of Appeals for the Fifth Circuit · 1982
- Doe v. HarrisDistrict Court, S.D. New York · 1980
- In re TorsneyAppellate Division of the Supreme Court of the State of New York · 1979
7 more not listed; retrieve them via the Exa API.