People ex rel. Catterson v. Barahal

30 A.D.2d 692, 292 N.Y.S.2d 850, 1968 N.Y. App. Div. LEXIS 3746

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 17, 1968
• Status: Published

Opinion

Appeal by relator from a judgment of the Supreme Court, Suffolk County, dated July 24, 1967, which dismissed the writ of habeas corpus herein. Judgment reversed, on the law, without costs, and proceeding remanded to the Special Term (1) for a hearing de novo at which relator shall be represented by assigned counsel and (2) for the appointment of an independent psychiatrist to examine relator and testify at the hearing as to her condition. (People ex rel. Rogers v. Stanley, 17 N Y 2d 256, 259; Matter of Patterson, 50 Misc 2d 730, 732; Judiciary Law, § 35, subds. 1, 3.) Findings of fact below, if any, have not been affirmed. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.