A man confined to psychiatric institutions for most of the last 20 years after repeatedly stabbing his wife is still dangerous and should remain hospitalized, despite the testimony of a psychologist who said he is harmless and no longer hostile toward the victim, a divided appellate panel has held.
The Appellate Division, Second Department, split 3-2 on a factual issue of whether the proof of Marvin P.’s mental instability met the preponderance of the evidence standard to justify his continued commitment. But the majority took the psychologist to task for her “lack of objectivity,” a comment that the perpetrator has forgiven his victim and for making an “intemperate and unprofessional” remark suggesting it is “quite normal” for New York Jews like the patient to be loud and annoying.
