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NYS MENTAL HEALTH v. MARCO G.

530245/99.

167 A.D.3d 49 (2018)

85 N.Y.S.3d 441

2018 NY Slip Op 06998

In the Matter of NEW YORK STATE OFFICE OF MENTAL HEALTH, Respondent, v. MARCO G., Appellant. ERIC GONZALEZ, Kings County District Attorney, Nonparty Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 18, 2018.

Attorney(s) appearing for the Case

Marvin Bernstein, Mental Hygiene Legal Service, New York City (Diane Goldstein Temkin and Sadie Zea Ishee of counsel), for appellant.

Barbara D. Underwood, Attorney General, New York City (Linda Fang and Steven C. Wu of counsel), for New York State Office of Mental Health, respondent.

Eric Gonzalez, District Attorney, Brooklyn (Avshalom Yotam, Leonard Joblove, Ann Bordley and David C. Kelly of counsel), for Eric Gonzalez, respondent.

RENWICK, J.P., RICHTER, MANZANET-DANIELS and TOM, JJ. concur.

OPINION OF THE COURT

After a criminal defendant is found not responsible by reason of mental disease or defect, the court must hold an initial hearing, and then successive hearings, to determine if the defendant has a dangerous mental disorder or is mentally ill, and must, therefore, be committed to the custody of the Commissioner...

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