In People v. L.W., the First Department affirmed the Bronx Supreme Court’s determination that the defendant suffered from a “dangerous mental disorder” under CPL 330.20 and therefore required confinement in a secure psychiatric facility as a Track One insanity acquittee. The panel held that the People met their burden by a fair preponderance of the credible evidence, and that the hearing court’s findings were fully supported by the record.
The evidence established that L.W. had repeatedly relapsed into violent behavior while in custodial settings, including an incident only days before the hearing and another during its pendency. These episodes, coupled with documented cannabis use despite its destabilizing effects on his mental health, supported the conclusion that he posed a danger to himself or others and required treatment in a secure hospital environment.
The court also emphasized L.W.’s lack of insight into his condition. Although he attributed his psychosis solely to a previously removed brain tumor and insisted that medication was unnecessary, the record showed multiple hospitalizations for behavioral disturbances even after the tumor’s excision. This history reasonably supported an inference of likely future noncompliance with treatment and an ongoing inability to appreciate the nature of his illness — a factor long recognized as central to dangerousness assessments.
The First Department declined to disturb the hearing court’s credibility determinations, noting significant issues with the defense experts. One witness failed to produce incident reports until compelled by subpoena, despite those reports documenting numerous violent episodes. That witness’s assertion that the incidents lacked clinical significance was deemed unpersuasive. The second defense witness rendered opinions without access to the full set of records, including the withheld reports, undermining the reliability of his conclusions.
Given the totality of the evidence — the recent violent conduct, the pattern of decompensation, the substance use, the lack of insight, and the credibility issues surrounding the defense testimony — the appellate court found no basis to disturb the lower court’s ruling. The order designating L.W. a Track One insanity acquittee and committing him to a secure psychiatric facility was therefore unanimously affirmed.
Apparently, the evidence didn't whisper ... it shouted.
# # #
DECISION