People ex rel. Elm v. Johnston

Appellate Division of the Supreme Court of New York

People ex rel. Elm v. Johnston

11 A.D.2d 584, 200 N.Y.S.2d 711, 1960 N.Y. App. Div. LEXIS 9937

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

DecidedMay 16, 1960

StatusPublished

This text of 11 A.D.2d 584 (People ex rel. Elm v. Johnston) 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. Elm v. Johnston, 11 A.D.2d 584, 200 N.Y.S.2d 711, 1960 N.Y. App. Div. LEXIS 9937 (N.Y. Ct. App. 1960).

Pincite

Opinion

Appeal from an order denying an application for a writ of habeas corpus on the grounds it was without merit. The petitioner in his brief does not question his insanity when he was transferred to Dannemora State Hospital "even though the original petition appears to contest the right of transfer. On this appeal it appears his claim is directed to a right to a jury trial to determine if he is insane at the present time. The maximum of his sentence has not expired and he is being detained by virtue of a valid commitment. His detention at the hospital is subject to the provisions of section 386 of the Correction Law. Order unanimously affirmed. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Appeal from an order denying an application for a writ of habeas corpus on the grounds it was without merit. The petitioner in his brief does not question his insanity when he was transferred to Dannemora State Hospital "even though the original petition appears to contest the right of transfer. On this appeal it appears his claim is directed to a right to a jury trial to determine if he is insane at the present time. The maximum of his sentence has not expired and he is being detained by virtue of a valid commitment. His detention at the hospital is subject to the provisions of section 386 of the Correction Law. Order unanimously affirmed. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Bluebook (online)

11 A.D.2d 584, 200 N.Y.S.2d 711, 1960 N.Y. App. Div. LEXIS 9937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-elm-v-johnston-nyappdiv-1960.