People ex rel. Waters v. Herold

Appellate Division of the Supreme Court of New York

People ex rel. Waters v. Herold

34 A.D.2d 600, 308 N.Y.S.2d 647, 1970 N.Y. App. Div. LEXIS 5344

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

DecidedMarch 11, 1970

StatusPublished

This text of 34 A.D.2d 600 (People ex rel. Waters 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. Waters v. Herold, 34 A.D.2d 600, 308 N.Y.S.2d 647, 1970 N.Y. App. Div. LEXIS 5344 (N.Y. Ct. App. 1970).

Pincite

Opinion

Sweeney, J.

Appeal from a judgment of the Supreme Court at Special Term, entered August 4, 1969 in Clinton County, which denied a writ of habeas corpus, without a hearing. As no right to a jury trial prior to commitment exists for civilians, relator cannot be deemed to have been deprived of equal protection of the law by a denial of such a trial at that stage of the proceeding (People v. Golindes, 33 A D 2d 1077). Accordingly, the denial of relator’s application for habeas corpus relief was proper. The determination should be affirmed, although without prejudice to appellant’s right to seek a jury trial through literal compliance with the relevant provisions of the Mental Hygiene Law. Judgment affirmed, without costs. Reynolds, J. P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Sweeney, J.

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Sweeney, J.

Appeal from a judgment of the Supreme Court at Special Term, entered August 4, 1969 in Clinton County, which denied a writ of habeas corpus, without a hearing. As no right to a jury trial prior to commitment exists for civilians, relator cannot be deemed to have been deprived of equal protection of the law by a denial of such a trial at that stage of the proceeding (People v. Golindes, 33 A D 2d 1077). Accordingly, the denial of relator’s application for habeas corpus relief was proper. The determination should be affirmed, although without prejudice to appellant’s right to seek a jury trial through literal compliance with the relevant provisions of the Mental Hygiene Law. Judgment affirmed, without costs. Reynolds, J. P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Sweeney, J.

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Bluebook (online)

34 A.D.2d 600, 308 N.Y.S.2d 647, 1970 N.Y. App. Div. LEXIS 5344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-waters-v-herold-nyappdiv-1970.