43 N.Y.2d 341 | NY | 1977
OPINION OF THE COURT
On October 4, 1971, petitioner killed his wife, stabbing her more than 80 times with an awl. He then threw himself off an overpass of the Long Island Expressway, in an apparent suicide attempt. On May 2, 1973, he was found not guilty of a charge of her murder by reason of mental disease or defect, and was committed to the custody of the Commissioner of Mental Hygiene pursuant to CPL 330.20 (subd 1). He was initially placed in Mid-Hudson Psychiatric Center, and was subsequently transferred to Central Islip Psychiatric Center. His condition was several times re-evaluated, but each time the commissioner decided not to apply to the court for permission to conditionally discharge or release petitioner pursuant to CPL 330.20 (subd 2). Petitioner himself then commenced this proceeding seeking release pursuant to CPL 330.20 (subd 5). Following an extended hearing at which numerous witnesses testified, Suffolk County Court denied the petition for release on the ground that petitioner had failed to prove by a fair preponderance of the evidence that he could be released "without danger to himself or others” (CPL 330.20, subd 3). The Appellate Division reversed, holding that the burden of proof should have been placed on the commissioner, and remanded for a new hearing. We reverse and hold that Suffolk County Court properly placed upon the petitioner the burden of proving by a fair preponderance of the evidence that he could be released without danger.
It should first be noted that petitioner does not challenge the validity of his initial commitment pursuant to CPL 330.20 (subd 1) (cf. People ex rel. Henig v Commissioner of Mental Hygiene, 43 NY2d 334 [decided herewith]). Indeed, at the time
The Suffolk County Court applied the traditional rule that a person who has been lawfully committed, and who subsequently seeks release on the ground that the reasons for his commitment no longer exist, must bear the burden of proving this change in condition (see, e.g., Matter of Richard E. R., 52 AD2d 927; People ex rel. Peabody v Chanler, 133 App Div 159, 164-165, affd on opn below 196 NY 525; Rosario v State of New York, 42 Misc 2d 699, 703; cf. Bolton v Harris, 395 F2d 642, 653; United States v Ecker, 543 F2d 178, 191-193; but see State v Krol, 68 NJ 236, 257). We see no reason to adopt a different rule, since we do not believe that it deprives petitioner of either due process or equal protection. It is beyond doubt that petitioner was both insane and dangerous at the time he murdered his wife and attempted to take his own life; indeed, it is only because of his insanity that he is relieved of criminal liability. Given the clear existence of this condition, as evidenced by the admitted commission of a violent act, it is appropriate that the condition be presumed to continue until the contrary is proven.
The burden which is placed on petitioner is neither excessive nor novel, for the burden of proof is normally placed upon the party who is seeking affirmative relief (see, generally, Richardson, Evidence [10th ed], § 100). Moreover, in a very pragmatic sense, the question of who must shoulder the burden of proof in a case such as this becomes significant only when the evidence is so delicately balanced that to reach a solution it is necessary to give one side or the other the benefit of the doubt. In determining which party is to receive
With respect to the extent of the burden which must be shouldered by an individual who is seeking release, we reject any suggestion that he must prove lack of dangerousness beyond a reasonable doubt (see State v Taylor, 158 Mont 323, cert den 406 US 978). Aside from the rather clear constitutional objections to the imposition of such a harsh burden, it should be noted that CPL 330.20 (subd 3) characterizes such a hearing as a civil proceeding. Thus, the applicable standard of proof is that of the normal civil proceeding, and petitioner need only show by a fair preponderance of the credible evidence that he may be discharged or released without danger to himself or others.
Accordingly, the order appealed from should be reversed, without costs, and the case remanded to the Appellate Division for review of the facts.
Chief Judge Breitel and Judges Jasen, Jones, Wachtler, Fuchsberg and Cooke concur.
Order reversed, without costs, and the matter remitted to the Appellate Division, Second Department, for further proceedings in accordance with the opinion herein.
We note that our decision today is to be limited to this type of situation. We do not reach the question of the appropriate placement of the burden of proof in a situation wherein someone has been conditionally released or discharged, and the commissioner subsequently seeks to revoke that discharge or release pursuant to CPI 330.20 (subd 4).