Acting State Supreme Court Justice Craig Stephen Brown has declared unconstitutional a Temporary Extreme Risk Protection Order (TERPO) against a Middletown man and ordered it be dismissed against the respondent only identified in court papers as “C.M.”
The matter arises out of the issuance of a TERPO against C.M. on January 20. It was alleged that on January 18, at a Concord Lane, Middletown address, he brandished a loaded shotgun, cocked it, and pointed it at his neighbor during a verbal dispute.
He denied the allegations and challenged the constitutionality of the state’s Red Flag Law.
Justice Brown noted that “while ‘a licensed physician’ or ‘licensed psychiatrist’ may (under the law), be a petitioner, there is no requirement that such licensed professional be a petitioner or be involved in any manner to provide any evaluation or opinion whatsoever as a basis for the issuance of a Temporary Extreme Risk Protection Order or a Final Extreme Risk Protection Order,” and he said, “Therein lies one constitutional impediment with New York’s Red Flag Law.”
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