The People of the State of New York v. El Shamar B., Defendant. (2025)

El Shamar B. entered a plea of not guilty by reason of mental disease or defect on December 18, 2024, and was thereafter evaluated at the Mid-Hudson Forensic Psychiatric Center to determine whether he suffers from a dangerous mental illness, as defined by CPL § 330.20(1)(c). Following the receipt of examination reports prepared by Dr. Ciuffetelli and Dr. Cody, an initial hearing was held on March 24, 2024 pursuant to Criminal Procedure Law § 330.20(6).

A determination that a person suffers from a dangerous mental disorder is a finding "that a defendant suffers from a mental illness, and because of such condition he currently constitutes a physical danger to himself or others." People v. Wachtel, 188 AD3d 580, 581 (1st Dep't 2020). This finding

must be based on more than expert speculation about dangerousness, and may be shown by presenting proof of a history of prior relapses into violent behavior, substance abuse or dangerous activities upon release or termination of psychiatric treatment, or upon evidence establishing that continued medication is necessary to control the respondent's violent tendencies and that he or she is likely not to comply with prescribed medication because of a prior history of such noncompliance or because of threats of future noncompliance." In re Amir F., 94 AD3d 1209, 1210 (3d Dep't 2012) quoting Matter of George L., 85 NY2d 295, 307(1995). (Internal quotation marks omitted).

Mr. B. was admitted to Mid-Hudson Forensic Psychiatric Center on Christmas Eve 2024. Dr. Cuiffetelli interviewed the defendant on or around February 28, 2025 for approximately 75 minutes. Dr. Cody interviewed Mr. B. for approximately 90 minutes on or around March 5, 2025. The forensic examiners reviewed the accusatory instruments, a narrative from a CPL 730 evaluation, and other court documents in making their determination. The forensic examiners also reviewed medical records generated by Columbia Memorial Hospital from the night of defendant's arrest on Christmas Eve 2023; the Columbia County Jail from his incarceration in 2021; and the Department of Corrections' evaluation of Mr. B. after his incarceration in 2011 at the age of 18 years old. The DOCCS records from Mr. B.'s latest incarceration was not made available for the doctors or this Court.

Both examiners highlighted substance use disorder as a risk factor for future violence. Both examiners note that, Mr. B. disclosed using multiple drugs upon his screening by DOCCS in 2011, including "daily" use of ecstasy, which ceased upon his incarceration. Mr. B.'s Columbia County Jail medical history is remarkable for his 2021 claim to the Columbia County Jail nurse of unprescribed "Percocet" use for pain following a car accident, and undated history of snorting "three bags daily" of heroin and use of crystal meth and cocaine. Dr. Cuiffetelli asserted that Mr. B. has a history of "heavy drug use since adolescence."

However, in his interviews with the forensic examiners this year, Mr. B. denied ingesting street drugs on purpose at the time of the offense. He admitted to drinking at a party on Christmas Eve, the date of the instant offense, and suggested that he was dosed unknowingly on that day with a substance he described as "ecstasy," but which showed up in bloodwork as amphetamine. Dr. Jeremy J. C. Vose noted the same account in a 730 exam performed in January of 2024, shortly after Mr. B.'s arrest, that "Mr. B. did indicate feeling "confused" regarding his present incarceration and reported some rational paranoia related to feeling like a beverage he had consumed the night of his alleged crime had been 'laced.' " This version of events, consistently repeated by Mr. B., is borne out by the blood tests performed on Mr. B. at the hospital on the day of his arrest. Mr. B. did not test positive for THC, crack cocaine, heroin, or crystal meth. Hospital records show he had ingested amphetamine on Christmas Eve 2023, the night of his arrest, and he admittedly had a bad reaction to the unexpected dose.

Mr. B. told both examiners that he did not use recreational drugs regularly, and insisted that it was not difficult for him to stop drinking or using drugs. Mr. B. reported being not recommended for substance use treatment by the local provider. His apparent complete cessation from crack cocaine and his alleged three bag-a-day heroin habit can be seen as a resounding success of the rehabilitative power of DOCCS, or attributed to inaccuracies in the medical history notes reviewed by the examiners.

Doctor Ciuffetelli identified Mr. B.'s failure to comply with supervision as a risk factor for dangerousness, citing his two violations of parole and his bail jumping charge in 2021, stemming from a failure to appear on May 28, 2020. A review of Mr. B.'s criminal history reveals that he was given a term of imprisonment with DOCCS in 2011 when he was eighteen years old, and his parole was revoked twice. His term of parole was revoked in April 2015 when he was twenty-two years old, and again, in March of 2017 when he was twenty-four years old, eight years ago. His bail jumping charge stems, as reflected in the felony complaints reviewed by the court, from a failure to appear on May 28, 2020, two days after the Columbia County Court commenced its return to operations plan after the COVID-19 shutdown.

Doctor Cody identified Mr. B.'s violation of an order of protection at the age of seventeen as indicative of dangerousness. Mr. B. explained that the protected party was his infant son, and the mother of the child had agreed to allow him to visit. Mr. B.'s criminal record as a whole does not strike the court as particularly indicative of dangerousness, notwithstanding his 2011 robbery conviction during his youth, a crime committed nine days after his eighteenth birthday.

As for medication compliance, the examiners differ in their narrative as to when Mr. B. discontinued his prescription aripiprazole. Doctor Cuiffetelli relates that Mr. B. stopped taking aripiprazole immediately after his release from DOCCS. Dr. Cody, on the other hand, indicates that he stopped taking the medication two years prior to his instant offense. This calls into question whether Mr. B. discontinued his medication willfully, or whether DOCCS discontinued his medication. It should also be noted that during Mr. B.'s incarceration with DOCCS beginning in 2011, he was designated a Level 6, indicating "no need for mental health services." The instant offense was committed on Christmas Eve 2023, mere days after Mr. B.'s release from DOCCS. DOCCS did not make records available for the forensic examiners from the most recent incarceration, so it is unclear what programming or services took place to abate Mr. B.'s mental health issues, if any.

Mr. B. reported good results with aripiprazole to Dr. Cody, noting no side effects, and noting that the medication results in a decrease in his hearing voices. During Mr. B.'s incarceration at the Columbia County Jail in 2024, Licensed Clinical Social Worker Alexandrea Chinea documented Mr. B.'s "having insight into the need to take medicine to treat his psychosis."

Dr. Cuiffetelli and Dr. Cody differ in their diagnoses of Mr. B.. Dr. Cuiffetelli diagnosed schizophrenia. Dr. Cody diagnosed a neurodevelopmental disorder with unspecified schizophrenia spectrum and other psychotic disorder. Dr. Cody's report notes that Mr. B.'s neurodevelopmental disorder created memory problems difficulties for Mr. B.. Dr. Cuiffetelli did not identify a neurodevelopmental disorder, but instead noted disparities between Mr. B.'s account in relating his history, as compared to the law enforcement records and medical reports made by carceral facility medical staff.

Neither doctor identified violent attitudes or intent by Mr. B.. No threats were reported during Mr. B.'s hospitalization on Christmas Eve 2023, despite his agitation. Mr. B. made no threats during his evaluation at Mid-Hudson Forensic Psychiatric Center. The episodes of violence in Mr. B.'s distant past alluded to by the forensic examiners suggest that Mr. B. has been the victim of violence more often than he is the perpetrator, i.e. "Seeing blood red when he is attacked," sustaining defensive wounds on his hands having been stabbed, and being assaulted in DOCCS custody.

Given the significant limitation on Mr. B.'s liberty interest which would result from a finding of dangerousness, this Court searched the available records to find clear evidence of Mr. B.'s threat to himself and society. The Court places significant weight on Mr. B.'s apparent amenability to sobriety and medication compliance, and less weight on events taking place fifteen years or more in the past. Upon a review of the Court file, the medical records, the examination reports, the testimony of the experts, the argumentation of counsel, and observation of the defendant's demeanor and conduct in Court, the Court makes the following determination:

The defendant is mentally ill but does not have a dangerous mental disorder, and will be committed to the custody of the Commissioner of Mental Health in accordance with the Mental Hygiene Law Article 9 in accordance with Criminal Procedure Law § 330.20(7).

Dated: April 17, 2025

Hudson, New York

ENTER:

Michael C. Howard, J.C.C.

Michael C. Howard, J.