People ex rel. Brown v. Herold

Appellate Division of the Supreme Court of New York

People ex rel. Brown v. Herold

25 A.D.2d 455, 265 N.Y.S.2d 825, 1966 N.Y. App. Div. LEXIS 5235

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 7, 1966

StatusPublished

This text of 25 A.D.2d 455 (People ex rel. Brown v. Herold) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Brown v. Herold, 25 A.D.2d 455, 265 N.Y.S.2d 825, 1966 N.Y. App. Div. LEXIS 5235 (N.Y. Ct. App. 1966).

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Opinion

Reynolds, J.

Appeal from a judgment of the Supreme Court, Clinton County, dismissing appellant’s writ of habeas corpus after a hearing and remanding him to Dannemora State Hospital. Appellant was adjudged insane and committed to Dannemora State Hospital pursuant to section 383 of the Correction Law. Appellant asserts, however, that such commitment was illegal because he was not accorded a hearing prior to transfer. Under subdivision 3 of section 383 there is no requirement of a hearing unless a demand is made for one. The record clearly discloses that appellant was given due notice of the Warden’s application for commitment as required by subdivision 2 of section 383 and yet made no demand for a hearing. We cannot agree with appellant’s argument that section 383 insofar as it permits commitment without a hearing in the absence of a demand therefor is violative of the constitutional guarantee of due process (see People ex rel. Kamisaroff v. Johnston, 13 N Y 2d 66; People ex rel. Stock v. Terrence, 11 N Y 2d 362; Matter of Coates, 9 N Y 2d 242). Judgment affirmed, without costs.

Gibson, P. J., Iierlihy, Taylor and Hamm, JJ., concur.

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Reynolds, J.

Appeal from a judgment of the Supreme Court, Clinton County, dismissing appellant’s writ of habeas corpus after a hearing and remanding him to Dannemora State Hospital. Appellant was adjudged insane and committed to Dannemora State Hospital pursuant to section 383 of the Correction Law. Appellant asserts, however, that such commitment was illegal because he was not accorded a hearing prior to transfer. Under subdivision 3 of section 383 there is no requirement of a hearing unless a demand is made for one. The record clearly discloses that appellant was given due notice of the Warden’s application for commitment as required by subdivision 2 of section 383 and yet made no demand for a hearing. We cannot agree with appellant’s argument that section 383 insofar as it permits commitment without a hearing in the absence of a demand therefor is violative of the constitutional guarantee of due process (see People ex rel. Kamisaroff v. Johnston, 13 N Y 2d 66; People ex rel. Stock v. Terrence, 11 N Y 2d 362; Matter of Coates, 9 N Y 2d 242). Judgment affirmed, without costs.

Gibson, P. J., Iierlihy, Taylor and Hamm, JJ., concur.

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Bluebook (online)

25 A.D.2d 455, 265 N.Y.S.2d 825, 1966 N.Y. App. Div. LEXIS 5235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-brown-v-herold-nyappdiv-1966.