New York Court of Appeals
In the Matter of Robert Torsney, Appellant. State Commissioner of Mental Hygiene, Appellant; Eugene Gold, as…
July 9, 197947 N.Y.2d 667
Summary
The New York Court of Appeals held that under CPL 330.20 a person acquitted by reason of mental disease or defect may be released unless presently dangerous to himself or others because of a mental disease or defect requiring immediate inpatient treatment, and therefore reversed the Appellate Division and reinstated the lower court's order releasing Robert Torsney on conditions. Justice Wachtler dissented, arguing that Torsney remained dangerous, and Justice Meyer concurred in the reversal but offered separate reasoning on the statutory burden.