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IN THE MATTER OF RICHARD S.

6 A.D.3d 1039 (2004)

776 N.Y.S.2d 604

In the Matter of RICHARD S., Appellant. COMMISSIONER OF MENTAL HEALTH, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 29, 2004.

Rose, J.

While on probation after pleading guilty to manslaughter in the second degree for killing a male sex partner in 1978, respondent was charged with attempted murder in the second degree for stabbing a 15-year-old boy during a sexual encounter in 1980. In 1981, respondent pleaded not guilty by reason of mental disease or defect to that charge. At that time, he was diagnosed as suffering from atypical psychosis, substance abuse

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