Legal Opinion
Maureen A. v. Wack
New York Supreme Court
Decided November 22, 1991PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin B. Stecher, J.
The principal issue presented in each of these proceedings is whether the evidence which the court and a jury may consider, on a "rehearing and review” (CPL 330.20 [16]; Mental Hygiene Law §§ 9.35, 15.35) of an order committing or retaining an unwilling patient to or in a State mental hospital, is limited to the evidence heard by the Justice who rendered the disputed order of commitment or retention. The Attorney-General contends, in support of his in limine motions, that on "rehearing and review,” any new evidence is barred; the petitioners contend…
2Cases cited4 opinions
- Baxstrom v. HeroldSupreme Court of the United States · 1966
- In re RoseNew York Supreme Court · 1981
- People v. BehrNew York Supreme Court · 1982
- In re David C.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by9 opinions
- Matter of Norman D.New York Court of Appeals · 2004
- Barber v. Rochester Psychiatric CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Jamie R. v. ConsilvioAppellate Division of the Supreme Court of the State of New York · 2005
- Daniel R. v. WackNew York Supreme Court · 1995
- In re Norman D.Appellate Division of the Supreme Court of the State of New York · 2003
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