People ex rel. Chiert v. McNeill

Appellate Division of the Supreme Court of New York

People ex rel. Chiert v. McNeill

282 A.D. 843, 124 N.Y.S.2d 354, 1953 N.Y. App. Div. LEXIS 5144

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

DecidedSeptember 28, 1953

StatusPublished

This text of 282 A.D. 843 (People ex rel. Chiert v. McNeill) 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. Chiert v. McNeill, 282 A.D. 843, 124 N.Y.S.2d 354, 1953 N.Y. App. Div. LEXIS 5144 (N.Y. Ct. App. 1953).

Pincite

Opinion

In 1948 the relator’s friend was committed to Matteawan State Hospital under sections 658 et seq. of the Code of Criminal Procedure. In 1952 (cf. Mental Hygiene Law, § 76) the relator brought this habeas corpus proceeding to obtain the inmate’s release on the ground that he is capable of understanding the criminal charge against him, the proceedings in connection therewith, and to make his defense thereto. On the return of the writ the relator demanded a jury trial as of right, and the application was denied. The relator did not offer any proof of mental condition, and the writ was dismissed and the inmate remanded to the hospital. Order affirmed, without costs. No opinion. Nolan, P. J., Adel, MaeCrate, Schmidt and Beldock, JJ., concur.

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In 1948 the relator’s friend was committed to Matteawan State Hospital under sections 658 et seq. of the Code of Criminal Procedure. In 1952 (cf. Mental Hygiene Law, § 76) the relator brought this habeas corpus proceeding to obtain the inmate’s release on the ground that he is capable of understanding the criminal charge against him, the proceedings in connection therewith, and to make his defense thereto. On the return of the writ the relator demanded a jury trial as of right, and the application was denied. The relator did not offer any proof of mental condition, and the writ was dismissed and the inmate remanded to the hospital. Order affirmed, without costs. No opinion. Nolan, P. J., Adel, MaeCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

282 A.D. 843, 124 N.Y.S.2d 354, 1953 N.Y. App. Div. LEXIS 5144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-chiert-v-mcneill-nyappdiv-1953.