People ex rel. Lederer v. Johnston

18 A.D.2d 737, 235 N.Y.S.2d 513, 1962 N.Y. App. Div. LEXIS 6162

Opinion

Appeal from an order of the Supreme Court, Clinton County, dismissing relator’s petition for a writ of habeas corpus after a hearing and remanding relator to the custody of respondent. Relator was afforded a hearing and thus the requirements of People ex rel. Brown v. Johnston (9 N Y 2d 482) have been met. Relator is not as he' suggests entitled as a matter of right to a trial by jury on the question of his sanity (People ex rel. Woodbury v. Hendrick, 215 N. Y. 339; People ex rel. Peabody v. Chanler, 133 App. Div. 159). On the present record we find that the court below in the proper exercise of its discretion could refuse to]grant a jury trial on this issue (People ex rel. Powers v. Johnston, 17 A D 2d 872). Order unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds,