A furlough denial to an insanity acquittee for religious observance based upon his threat of escape and potential dangerousness is not an unreasonable restriction. The Supreme Court, Kings County thus dismissed the acquittee's writ of habeas corpus.

In 1989, Abraham killed his mother by striking her in the head with a hammer. Diagnosed with schizoaffective disorder, he was committed to a psychiatric facility after pleading not guilty by reason of mental defect in 1991. The court issued a commitment order and the defendant was sent to a psychiatric center.

In 1996, the defendant escaped from the South Beach Psychiatric Center. He lived with his family in the New York City area and with a Hasidic community in Montreal, and traveled twice to Israel. He was returned to the center in June, 1997.

Abraham filed a writ for release to celebrate the Jewish High Holy Days. He asserted that his religious observance required him to follow the holiday within his community. The Supreme Court, Kings County, denied defendant's writ. Following the rationale of United States Supreme Court as set forth in Turner v. Safley, 482 U.S. 78 (1987), the court ruled his defendant's retention did not violate his First Amendment rights. The hospital's concern for his safety and the safety of others was consistent with the legitimate clinical interests of the facility. Defendant also failed to provide evidence he does not pose a danger if released. The regulation was narrowly tailored and there was no other alternative which could safeguard the public from dangerous people.

The court ruled that special accommodations for defendant are unreasonable because they infringe upon the care of other patients by diverting administrative resources to defendant at the expense of other patients. The court also noted that since the defendant had not previously objected to the hospital's religious accommodations, his acquiescence established the reasonableness of those arrangements.