People ex rel. Passante v. Johnston

Appellate Division of the Supreme Court of New York

People ex rel. Passante v. Johnston

13 A.D.2d 869, 215 N.Y.S.2d 87, 1961 N.Y. App. Div. LEXIS 10692

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

DecidedMay 23, 1961

StatusPublished

This text of 13 A.D.2d 869 (People ex rel. Passante 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. Passante v. Johnston, 13 A.D.2d 869, 215 N.Y.S.2d 87, 1961 N.Y. App. Div. LEXIS 10692 (N.Y. Ct. App. 1961).

Pincite

Opinion

Appeal from an order of the County Court of Clinton County which dismissed, without a hearing, a writ of habeas corpus. The facts are not in dispute. On November 17, 1946 appellant was sentenced by the County Court of Onondaga County to an indeterminate term, the minimum of which was 30 years and its maximum 60 years, on his conviction after trial of two counts of the crime of robbery in the first degree. His term of confinement has not expired. Upon the certificate of the Clinton Prison psychiatrist, he was transferred to Dannemora State Hospital on April 26,1955. He contends that the transfer was improper since he then was and now is sane. Appellant is entitled to a hearing [870]*870on these issues. (People ex rel. Brown v. Johnston, 9 N Y 2d 482.) Order of the County Court reversed and the matter remitted for further proceedings not inconsistent with this decision. Bergan, P. J., Coon, Gibson, Herlihy and Taylor, JJ., concur.

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Appeal from an order of the County Court of Clinton County which dismissed, without a hearing, a writ of habeas corpus. The facts are not in dispute. On November 17, 1946 appellant was sentenced by the County Court of Onondaga County to an indeterminate term, the minimum of which was 30 years and its maximum 60 years, on his conviction after trial of two counts of the crime of robbery in the first degree. His term of confinement has not expired. Upon the certificate of the Clinton Prison psychiatrist, he was transferred to Dannemora State Hospital on April 26,1955. He contends that the transfer was improper since he then was and now is sane. Appellant is entitled to a hearing [870]*870on these issues. (People ex rel. Brown v. Johnston, 9 N Y 2d 482.) Order of the County Court reversed and the matter remitted for further proceedings not inconsistent with this decision. Bergan, P. J., Coon, Gibson, Herlihy and Taylor, JJ., concur.

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Bluebook (online)

13 A.D.2d 869, 215 N.Y.S.2d 87, 1961 N.Y. App. Div. LEXIS 10692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-passante-v-johnston-nyappdiv-1961.