Legal Opinion

In re James Q.

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 2014Published

1Opinion of the Court

OPINION OF THE COURT

McCarthy, J.

Respondent James Q. (hereinafter respondent) is confined to a secure facility operated by the Office for People with Developmental Disabilities (hereinafter OPWDD). He is confined due to his 2010 plea to certain criminal charges of not responsible by reason of mental disease or defect, as well as two subsequent retention orders, all of which found that he suffered from a dangerous mental disorder (see CPL 330.20 [2], [6], [8], [9]). Petitioner commenced this proceeding seeking a furlough order, subject to strict conditions, that would allow respondent to leave…

2Cases cited7 opinions

  1. Matter of George L.New York Court of Appeals · 1995
  2. People v. EscobarNew York Court of Appeals · 1984
  3. Matter of David B.New York Court of Appeals · 2002
  4. Phillips v. Town of Clifton Park Water AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  5. In re Amir F.Appellate Division of the Supreme Court of the State of New York · 2012

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