Matter of Walter G.

[*1] Matter of Walter G. 2012 NY Slip Op 51024(U) Decided on June 11, 2012 Supreme Court, Kings County D'Emic, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 11, 2012
Supreme Court, Kings County

In the Matter of a Subsequent Retention Order in Relation to Walter G., Defendant.



12962/1994



Attorney for Petitioner, Kingsboro Psychiatric Center:

Jason Buskin, Esq.

Office of the NYS Attorney General

120 Broadway

New York, NY 10271

#212-416-8000

Attorney for the Respondent:

Lanielle Roach, Esq.

Mental Hygiene Legal Services

120 Schermerhorn Street

Brooklyn, NY 11201

#347-404-9920

Matthew J. D'Emic, J.

In this proceeding for a subsequent retention order, Kingsboro Psychiatric Center petitions for the defendant's continued retention at its facility for another two years (CPL 330.20 [9]).

In July 1995, the defendant was found not responsible by reason of mental disease or defect on the charge of arson. He was committed to Mid-Hudson Psychiatric Center as dangerously mentally ill until January 1996, when he was found by the doctors at Mid-Hudson to be suitable for transfer to a less secure facility. Accordingly, the defendant was transferred to Kingsboro, where he has remained pursuant to subsequent orders of retention.

Kingsboro again seeks to retain the defendant at its facility on the ground that he is mentally ill, that is, that he "suffers

from a mental illness for which care and treatment as a patient, in the in-patient services of a psychiatric center under the jurisdiction of the state office of mental health" is essential to his [*2]welfare (CPL 330.20 [1][d]).

At the hearing, Kingsboro met its burden of establishing by a preponderance of the evidence that the defendant is mentally ill (Matter of Zheng Z., 78 AD3d 720; Matter of Jerriell O., 288 AD2d 313; Matter of David., 278 AD2d 491). The expert testimony established that, while the defendant has made slow progress at Kingsboro, the gains are fragile and not sufficient to allow his safe discharge into the community.

The order of retention is granted. This constitutes the

Decision and Order of the court.

____________________________

Matthew J. D'Emic

J.S.C.