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New York state’s standard of proof for recommitting defendants who plead not responsible by reason of mental disease or defect is constitutional, the 2nd U.S. Circuit Court of Appeals has ruled.

Addressing the situation of defendants who were initially released subject to an order of conditions, the circuit said in Ernst J. v. Stone, 05-2754-pr, that the “preponderance of the evidence” standard for recommitment does not violate either the Due Process Clause or the Equal Protection Clause of the 14th Amendment.

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