Lublin v. Central Islip Psychiatric Center

Damiani, J. (concurring in part and dissenting in part).

CPL 330.20 (subd 3) provides: "If the court is satisfied that the committed person may be discharged or released on condition without danger to himself or others, the court must order his discharge, or his release on such conditions as the court determines to be necessary.”

The statute is silent as to whether the burden of proof on this issue is upon the petitioner or the respondent. The closeness of this question is amply illustrated by the majority and minority opinions of my Associate Justices and the opinion of the County Court Judge.

A…