Opinion
2019–05271 Ind.No. 17–00365
02-19-2020
The PEOPLE, etc., respondent, v. JUAN R. (Anonymous), also known as Juan R.-B (Anonymous), appellant.
Mental Hygiene Legal Service, Garden City, N.Y. (Michael D. Neville, Laura Rothschild, and Dennis B. Feld of counsel), for appellant. Thomas E. Walsh II, District Attorney, New City, N.Y. (Tina L. Guccione of counsel), for respondent.
Mental Hygiene Legal Service, Garden City, N.Y. (Michael D. Neville, Laura Rothschild, and Dennis B. Feld of counsel), for appellant.
Thomas E. Walsh II, District Attorney, New City, N.Y. (Tina L. Guccione of counsel), for respondent.
RUTH C. BALKIN, J.P., JEFFREY A. COHEN, BETSY BARROS, ANGELA G. IANNACCI, JJ.
DECISION & ORDER Appeal by the defendant, by permission, from an order of the County Court, Rockland County (David S. Zuckerman, J.), dated October 10, 2018, committing him to a secure facility for six months pursuant to CPL 330.20(6) upon a finding that he has a dangerous mental disorder.
ORDERED that the order is reversed, on the law, and the matter is remitted to the County Court, Rockland County, for further proceedings in accordance herewith.
After the defendant was charged with burglary in the third degree ( Penal Law § 140.20 ) and criminal mischief in the third degree ( Penal Law § 145.05[2] ), the County Court accepted a plea of not responsible by reason of mental disease or defect. The defendant appeals from an order dated October 10, 2018, committing him to a secure facility for six months pursuant to CPL 330.20(6) upon a finding that he has a dangerous mental disorder.
Although the commitment order has expired by its own terms, the appeal is not academic because the County Court's determination that the defendant has a dangerous mental disorder has lasting consequences that will affect all future proceedings regarding his commitment and release (see Matter of Norman D., 3 N.Y.3d 150, 154–155, 785 N.Y.S.2d 1, 818 N.E.2d 642 ; People v. Shawn B., 135 A.D.3d 782, 23 N.Y.S.3d 306 ).
The initial hearing under CPL 330.20(6) is a critical stage of the proceedings during which the defendant is entitled to the effective assistance of counsel (see Matter of Brian HH., 39 A.D.3d 1007, 1009, 833 N.Y.S.2d 718 ). Here, there was simply no legitimate strategy that could have warranted defense counsel's concession that the defendant suffered from a dangerous mental disorder, implicitly consenting to the defendant's confinement in a secure facility (see People v. Darryl T., 166 A.D.3d 68, 77, 84 N.Y.S.3d 458 ; Matter of Matheson KK., 161 A.D.3d 1260, 1262–1263, 76 N.Y.S.3d 645 ). As defense counsel failed to provide meaningful representation, the defendant was deprived of the effective assistance of counsel (see People v. Darryl T., 166 A.D.3d 68, 84 N.Y.S.3d 458 ; Matter of Brian HH., 39 A.D.3d 1007, 833 N.Y.S.2d 718 ).
Neither the defendant's nor defense counsel's concession to a finding of dangerous mental disorder can relieve the County Court from the obligation to provide the initial statutory hearing, which is mandatory (see CPL 330.20[6] ; Matter of Allen B. v. Sproat, 23 N.Y.3d 364, 368, 991 N.Y.S.2d 386, 14 N.E.3d 970 ; cf. Mental Hygiene Law § 10.08[f] ). Accordingly, we remit the matter to the County Court, Rockland County, for further proceedings, including the ordering of examination reports and the conducting of an initial hearing to determine the defendant's present mental condition.
BALKIN, J.P., COHEN, BARROS and IANNACCI, JJ., concur.