People ex rel. Longernecker v. Herold

Appellate Division of the Supreme Court of New York

People ex rel. Longernecker v. Herold

24 A.D.2d 681, 261 N.Y.S.2d 389, 1965 N.Y. App. Div. LEXIS 3542

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

DecidedJuly 13, 1965

StatusPublished

This text of 24 A.D.2d 681 (People ex rel. Longernecker 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. Longernecker v. Herold, 24 A.D.2d 681, 261 N.Y.S.2d 389, 1965 N.Y. App. Div. LEXIS 3542 (N.Y. Ct. App. 1965).

Pincite

Opinion

Herlihy, J.

This is an appeal from a judgment of the Supreme Court, Clinton County, entered May 5, 1964, which dismissed a writ of habeas corpus after a hearing. In his petition, appellant alleged that he was sane and that his continued detention violated due process. The writ was allowed, and a hearing was had, at which a psychiatrist appointed by the court testified that appellant was mentally ill and required hospitalization. Contrary to appellant’s assertion, this testimony was based on a personal examination as well as a review of his medical history. Upon conclusion of the hearing, the writ was dismissed. In answer to appellant’s contention on this appeal, his retention at Dannemora State Hospital following the expiration of his sentence pursuant to section 384 of the Correction Law did not violate the equal protection clause of the Federal Constitution, and habeas corpus, in the first instance, is not the proper remedy to test whether appellant has sufficiently recovered to be entitled to be released from the State Hospital. (See People ex rel. Brunson v. Johnston, 15 N Y 2d 647.) Judgment affirmed, without costs. Gibson, P. J., Reynolds, Aulisi and Hamm, JJ., concur.

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Herlihy, J.

This is an appeal from a judgment of the Supreme Court, Clinton County, entered May 5, 1964, which dismissed a writ of habeas corpus after a hearing. In his petition, appellant alleged that he was sane and that his continued detention violated due process. The writ was allowed, and a hearing was had, at which a psychiatrist appointed by the court testified that appellant was mentally ill and required hospitalization. Contrary to appellant’s assertion, this testimony was based on a personal examination as well as a review of his medical history. Upon conclusion of the hearing, the writ was dismissed. In answer to appellant’s contention on this appeal, his retention at Dannemora State Hospital following the expiration of his sentence pursuant to section 384 of the Correction Law did not violate the equal protection clause of the Federal Constitution, and habeas corpus, in the first instance, is not the proper remedy to test whether appellant has sufficiently recovered to be entitled to be released from the State Hospital. (See People ex rel. Brunson v. Johnston, 15 N Y 2d 647.) Judgment affirmed, without costs. Gibson, P. J., Reynolds, Aulisi and Hamm, JJ., concur.

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Bluebook (online)

24 A.D.2d 681, 261 N.Y.S.2d 389, 1965 N.Y. App. Div. LEXIS 3542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-longernecker-v-herold-nyappdiv-1965.