FacultyFaculty/Author Profile

David C. Kelly

Kings County District Attorney's Office
Assistant District Attorney, Chief of Mental Health Court, Alternative to Incarceration Bureau
Brooklyn, NY, USA

David C. Kelly has been an assistant district attorney in the Kings County District Attorney’s Office since May 1, 1990, and is Chief of the Mental Health Court. He received a B.A. from Fordham University, the College at Lincoln Center, in 1984, and a J.D. from Brooklyn Law School, in 1987.  He is the assistant district attorney in charge of two alternative treatment programs for mentally ill criminal defendants: the EAC Link Program and the Brooklyn Mental Health Court, the first court of its kind in New York State.   He is also responsible for all felony Criminal Procedure Law (“CPL”) § 730 (fitness to proceed) and CPL § 330.20 (post-insanity defense) matters in Kings County.  In this capacity Mr. Kelly is responsible for reviewing all psychiatric fitness reports on felony cases and conducting or overseeing evidentiary hearings on fitness issues before local trial courts.  In addition, he is responsible for all litigation concerning “post-insanity defense” defendants, many of whom are committed to New York State’s secure psychiatric hospitals of Mid-Hudson Forensic Psychiatric Center and Kirby Forensic Psychiatric Center.  He has personally attended scores of psychiatric examinations conducted by forensic examiners, conducted hundreds of contested CPL § 730 fitness hearings, and more than two hundred CPL § 330.20 post-insanity commitment hearings.  In addition, Mr. Kelly has litigated and argued CPL §§ 730 and 330.20 cases in the New York State Appellate Division and the New York Court of Appeals.

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