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ERNST J. v. STONE

No. 03-CV-2805.

372 F.Supp.2d 330 (2005)

ERNST J., Petitioner, v. James L. STONE, Commissioner, New York State Office of Mental Health, et al., Richard Bennett, Executive Director, Mid-Hudson Forensic Psychiatric Center, Respondents.

United States District Court, E.D. New York.

May 31, 2005.

Attorney(s) appearing for the Case

Dennis B. Feld, Sidney Hirschfeld, and Lisa Volpe, Mental Hygiene Legal Service, Second Judicial Department, Mineola, NY, for Petitioner.

Charles J. Hynes, District Attorney, Kings County by David C. Kelly, Assistant District Attorney, Brooklyn, NY, for Respondent.

Eliot Spitzer, Attorney General of the State of New York by Marc A. Konowitz, Assistant Attorney General, New York City, for Respondent.

MEMORANDUM of DECISION

DEARIE, District Judge.

Petitioner, a chronic schizophrenic, pled not guilty to assault by reason of mental disease or defect. Upon a court determination that he did not require inpatient care, he was discharged subject to an order of conditions under New York Criminal Procedure Law § 330.20. Several years later, while still under the order of conditions, petitioner was hospitalized after threatening to sexually assault a female...

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