In a proceeding pursuant to CPL 330.20 (9)- for a subsequent retention order, Zheng Z. appeals, by permission, from an order of the Supreme Court, Richmond County (Collini, J.), dated July 28, 2009, which, after a hearing, granted the petitioner’s application for his continued retention for a period not to exceed two years from the date of the expiration of a second retention order.
Ordered that the order is affirmed, without costs or disbursements.
Zheng Z. entered a plea of not responsible by reason of mental
At the hearing, South Beach met its burden of establishing by a fair preponderance of the evidence that Zheng Z. is mentally ill (see Matter of David B., 278 AD2d at 491-492; Matter of Jerriell O., 288 AD2d at 314). The expert testimony established that although Zheng Z. had progressed while in the hospital, he was not yet prepared to function in the community in a less-supervised environment (see Matter of Jerriell O., 288 AD2d at 314). In addition, there was evidence that he lacked insight into his need for further treatment. South Beach’s expert recommended that Zheng Z. be retained so that he could be gradually exposed to less controlled environments. Thus, South Beach met its burden of proof (id.).
Zheng Z.’s remaining contentions are without merit. Mastro, J.P., Leventhal, Hall and Lott, JJ., concur.