Opinion
November 8, 1984
Appeal from the Supreme Court, New York County (Sullivan, J.).
The appeal from the order of September 6, 1983 (Hughes, J.), which, upon renewal, denied the defendant's motion for transfer to Creedmoor Psychiatric Center from Mid-Hudson Psychiatric Center, a secure facility, dismissed as moot, without costs.
Since the order of September 6, 1983, there has been a hearing and a new commitment order, and considerations of problems inherent in the situation of a defendant considered to have "a dangerous mental disorder" should be based on the more recent determination.
It would be inappropriate to pass on the serious questions involved in the interpretation of CPL 330.20 (see Matter of Torsney, 47 N.Y.2d 667; Jones v United States, 463 U.S. 354; cf. People v Escobar, 61 N.Y.2d 431) without the latest determination and the record with respect thereto.
Concur — Kupferman, J.P., Ross, Asch, Fein and Alexander, JJ.