In November 2005, the defendant entered a plea of not responsible by reason of mental disease or defect to the crime of Criminal Possession of a gun in the Second Degree, and to other related offenses. It was alleged that the defendant displayed a firearm while threatening to use it against the complainant, the defendant’s sister-in-law, and that said actions caused her fear of physical injury. A commitment order, pursuant to CPL 330.20, was issued and the defendant was remanded to the care and custody of the State Commissioner of Mental Health. The defendant was confined in a secure facility pursuant to CPL 330.20. After stipulation by the parties, as reflected in an Order, the defendant was found, although mentally ill, to no longer have a dangerous mental disorder. The defendant was subsequently transferred to a Psychiatric Center, a non-secure facility. Since the defendant has been in the custody of the Commissioner, several orders of retention have issued.3 The defendant is currently still a patient, and resident of the center.
A New York Drug Posssession lawyer said that the Commissioner has filed an application for a subsequent two- year retention order. The defendant is opposed to retention and is seeking his conditional release.
Since the parties involved6 in this criminal case were unable to work out a settlement as to this issue, the matter was adjourned for the Court to conduct the instant retention hearing. The hearing was conducted over several dates. The defendant’s entire clinical record, as well as many reports written concerning him, was deemed admitted into evidence for each side to use in questioning the witnesses and in making argument to the Court.
The first witness called by the State was a Doctor, who testified that she supervises the doctor who treats the defendant. She testified that she has known the defendant for a little less that a year. She opines with a reasonable degree of clinical certainty that the defendant is suffering from mental illness. The doctor stated that the defendant suffers from a “major depressive disorder with psychotic features currently in remission” a “substance use disorder”, “a personality disorder not otherwise specified with some significant sociopathic traits”, and regarding his physical condition, the defendant has a “history of colon cancer, status post resection of a portion of the colon. He had history [sic] of head trauma. He has arthritis of the cervical spine. He has minor herniated discs on the cervical spine. He recently was found to have polyps of the colon. And he also has some type of seizure disorder which I believe is complex partial seizures”
To Be Cont…
People who are under the condition of mental problems may commit crimes involuntarily. Here in Stephen Bilkis and Associates, our New York Criminal lawyers will give an advice to them as well as to their guardians on how to take care of them. In case a person was found and arrested for possessing illegal substance, you can also consult our New York Cocaine Possession attorneys. We will help you with your predicaments.