Legal Opinion

People ex rel. Henig v. Commissioner of Mental Hygiene

New York Court of Appeals

Decided December 19, 1977PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

We are called upon in this case to consider the constitutional validity of CPL 330.20, which mandates that persons acquitted by reason of mental disease or defect be automatically committed to the custody of the Commissioner of Mental Hygiene without prior hearing. Petitioner appeals from an order of the Appellate Division, First Department, reversing a judgment of Supreme Court, New York County, which had directed that the petitioner be forthwith examined as to his present mental condition prior to commitment. We find the provisions of CPL 330.20 to be in…

2Cases cited10 opinions

  1. Jackson v. IndianaSupreme Court of the United States · 1972
  2. O'Connor v. DonaldsonSupreme Court of the United States · 1975
  3. Humphrey v. CadySupreme Court of the United States · 1972
  4. Baxstrom v. HeroldSupreme Court of the United States · 1966
  5. People v. LallyNew York Court of Appeals · 1966

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3Cited by30 opinions

  1. Matter of George L.New York Court of Appeals · 1995
  2. In re EichnerAppellate Division of the Supreme Court of the State of New York · 1980
  3. Matter of Torsney (Mental Hygiene)New York Court of Appeals · 1979
  4. Matter of Commitment of Edward S.Supreme Court of New Jersey · 1990
  5. People Ex Rel. Thorpe v. Von HoldenNew York Court of Appeals · 1984

25 more not listed; retrieve them via the Exa API.

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