This case involves a matter of a recommitment proceeding in relation to Criminal Procedure Law in relationship to the respondent Francis S. The petitioners and appellants in this case are the District Attorney of New York County and the Commissioner for the New York State Office of Mental Health.
A New York Criminal Lawyer said the main issue before the court is whether an acquittal by reason of mental disease or defect of a person who has repeatedly violated the order of conditions that he gained upon release and who is still mentally ill, a poly substance abuser, given to acts of violence and still found to be not suffering from a dangerous mental disorder is appropriate.
Case Background
There have been numerous hearings regarding the defendant Francis S. The Supreme Court found the respondent to be mentally ill, suffering from alcoholic dependence and poly substance abuse. A New York Criminal Lawyer said they also found that the has an antisocial personality disorder, a narcissistic personality order, attention deficit hyperactivity disorder, is a master at manipulation, and uses the criminal justice system to work in his benefit.
The Supreme Court also found that he is likely to get in trouble again upon his release from the hospital because he refuses to take any type of medication and will not attend any Alcoholic Anonymous meetings and simply cannot control himself to refrain from escalating incidents that have led to numerous arrests.
However, the court felt constrained to release Francis S. and not grant an application of recommitment upon the authority of the Matter of Torres. A New York Drug Possession Lawyer said the court was forced to do this because at the time of the hearing the defendant although suffering from a dangerous mental disorder, but was on medications and separated from poly substance abuse. Even though the reason for this improved condition was the fact that he had been hospitalized for over six months.
The recommitment hearing had its beginning from an incident with the defendant that occurred in 1983. At that time the defendant was at the scene of a drug raid. He was there to buy marijuana. A police officer ordered him to leave the scene and he refuses. He was arrested for disorderly conduct. When he was being placed under arrest he pulled out a six inch hunting knife and tried to stab the officer. He was charged with attempted assault, criminal possession of a weapon, as well as the disorderly conduct charge. He was released on his own awareness and then engaged in numerous criminal acts in New Jersey. He was placed in the Greystone Psychiatric Center and during his confinement reported seeing and hearing things. He claimed that he spoke to God and was God, among other hallucinations. He was diagnosed as a schizophrenic based on observations at the hospital.
Court Discussion and Decision
In this particular case, we find that the previous court’s reliance on the Matter of Torres was misplaced. The appellants had established enough evidence in regard to the defendant to show that he had a dangerous mental disorder at the time of his hearing and the petition for recommitment should have been granted.
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