Legal Opinion

Allen B. v. Sproat

New York Court of Appeals

Decided May 13, 2014PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

The issue common to these appeals is whether a supervising court may include in an order of conditions a provision allowing the New York State Office of Mental Health (OMH) to seek judicial approval of a mandatory psychiatric evaluation in a secure facility when a defendant found not responsible by reason of mental disease or defect fails to comply with the conditions of his release and refuses to undergo voluntary examination. For the reasons that follow, we hold that Criminal Procedure Law § 330.20 does not prohibit inclusion of such a requirement (which OMH…

2Cases cited9 opinions

  1. Addington v. TexasSupreme Court of the United States · 1979
  2. Schumer v. HoltzmanNew York Court of Appeals · 1983
  3. Matter of George L.New York Court of Appeals · 1995
  4. People v. StoneNew York Court of Appeals · 1989
  5. Matter of Oswald N.New York Court of Appeals · 1995

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3Cited by18 opinions

  1. Janakievski v. Executive Director, Rochester Psychiatric CenterCourt of Appeals for the Second Circuit · 2020
  2. People v. Shawn B.Appellate Division of the Supreme Court of the State of New York · 2016
  3. People v. Juan R.Appellate Division of the Supreme Court of the State of New York · 2020
  4. People v. Darryl T.Appellate Division of the Supreme Court of the State of New York · 2018
  5. In re Arto ZZ.Appellate Division of the Supreme Court of the State of New York · 2014

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