People ex rel. Conover v. Herold

Appellate Division of the Supreme Court of New York

People ex rel. Conover v. Herold

37 A.D.2d 867, 325 N.Y.S.2d 10, 1971 N.Y. App. Div. LEXIS 3239

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

DecidedOctober 21, 1971

StatusPublished

This text of 37 A.D.2d 867 (People ex rel. Conover 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. Conover v. Herold, 37 A.D.2d 867, 325 N.Y.S.2d 10, 1971 N.Y. App. Div. LEXIS 3239 (N.Y. Ct. App. 1971).

Pincite

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered September 4, 1970 in Clinton County, which denied an application for a writ of habeas corpus without a hearing. In compliance with the procedure required by United States ex rel. Schuster v. Herold (410 F. 2d 1071) on February 3, 1970 appellant was brought before the court by respondent for a six-month retention order which was granted when appellant refused to participate in the hearing. On July 23, 1970 a further retention order for one year pursuant to section 408 of the Correction Law was sought. Appellant requested a hearing which was granted and he was found mentally ill. He then petitioned for a writ of habeas corpus claiming both orders were improperly issued because he was not accorded a jury trial on the issue of insanity. The application was denied without a hearing. It is from this denial that he appeals. Subsequent to the second retention order a review was requested of that order and the jury found appellant to be mentally ill. There is no merit to appellant’s contention that he was entitled to a jury trial at the initial hearing and that the denial thereof voided the retention order of August 13,1970. (See People ex rel. Waters v. Herold, 34 A D 2d 600; Correction Law, § 408, subds. 8, 9.) Judgment affirmed, without costs. Reynolds, J. P., Greenblott, Cooke, Sweeney and Simons, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the Supreme Court at Special Term, entered September 4, 1970 in Clinton County, which denied an application for a writ of habeas corpus without a hearing. In compliance with the procedure required by United States ex rel. Schuster v. Herold (410 F. 2d 1071) on February 3, 1970 appellant was brought before the court by respondent for a six-month retention order which was granted when appellant refused to participate in the hearing. On July 23, 1970 a further retention order for one year pursuant to section 408 of the Correction Law was sought. Appellant requested a hearing which was granted and he was found mentally ill. He then petitioned for a writ of habeas corpus claiming both orders were improperly issued because he was not accorded a jury trial on the issue of insanity. The application was denied without a hearing. It is from this denial that he appeals. Subsequent to the second retention order a review was requested of that order and the jury found appellant to be mentally ill. There is no merit to appellant’s contention that he was entitled to a jury trial at the initial hearing and that the denial thereof voided the retention order of August 13,1970. (See People ex rel. Waters v. Herold, 34 A D 2d 600; Correction Law, § 408, subds. 8, 9.) Judgment affirmed, without costs. Reynolds, J. P., Greenblott, Cooke, Sweeney and Simons, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

37 A.D.2d 867, 325 N.Y.S.2d 10, 1971 N.Y. App. Div. LEXIS 3239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-conover-v-herold-nyappdiv-1971.

Opinion

Related

Cite This Page — Counsel Stack