Legal Opinion

Jamie R. v. Consilvio

New York Court of Appeals

Decided February 9, 2006PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

CPL 330.20 affords criminal defendants who have been found *141not responsible by reason of mental disease or defect (insanity acquittees) and confined for inpatient psychiatric treatment the right to request a second trial-level proceeding—known as rehearing and review—to challenge the judicial determination authorizing confinement. We recently addressed the scope of the issues reviewable in a rehearing and review proceeding in Matter of Norman D. (3 NY3d 150 [2004]), holding that an insanity acquittee classified as a track one patient by virtue of a finding that…

2Cases cited13 opinions

  1. Jones v. United StatesSupreme Court of the United States · 1983
  2. Matter of George L.New York Court of Appeals · 1995
  3. People v. EscobarNew York Court of Appeals · 1984
  4. Matter of Torsney (Mental Hygiene)New York Court of Appeals · 1979
  5. Mental Hygiene Legal Services v. FordNew York Court of Appeals · 1998

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3Cited by26 opinions

  1. Janakievski v. Executive Director, Rochester Psychiatric CenterCourt of Appeals for the Second Circuit · 2020
  2. In re Stephen W.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Commissioner of Mental Health v. Glenn B.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Robert T. v. SproatAppellate Division of the Supreme Court of the State of New York · 2012
  5. Matter of James Q.Appellate Division of the Supreme Court of the State of New York · 2017

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