People ex rel. Weinberg v. Johnston

Appellate Division of the Supreme Court of New York

People ex rel. Weinberg v. Johnston

45 A.D.2d 751, 356 N.Y.S.2d 685, 1974 N.Y. App. Div. LEXIS 4731

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

DecidedJune 17, 1974

StatusPublished

This text of 45 A.D.2d 751 (People ex rel. Weinberg 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. Weinberg v. Johnston, 45 A.D.2d 751, 356 N.Y.S.2d 685, 1974 N.Y. App. Div. LEXIS 4731 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated January 16, 1969, which dismissed the writ. Appeal dismissed, without costs. Relator contends that Special Term erred in holding at the January 10, 1969 hearing that he was not capable at that time of standing trial. This appeal must be dismissed as moot in light of the fact that within a year after the hearing relator was certified as recovered and discharged from Matteawan State Hospital. In three separate court proceedings subsequent to that time relator was again found to be incapable of standing trial. Therefore, his present retention is unrelated to the judgment under review. Martuscello, Acting P. J., Latham, Shapiro, Cohalan and Benjamin, JJ., concur.

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In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated January 16, 1969, which dismissed the writ. Appeal dismissed, without costs. Relator contends that Special Term erred in holding at the January 10, 1969 hearing that he was not capable at that time of standing trial. This appeal must be dismissed as moot in light of the fact that within a year after the hearing relator was certified as recovered and discharged from Matteawan State Hospital. In three separate court proceedings subsequent to that time relator was again found to be incapable of standing trial. Therefore, his present retention is unrelated to the judgment under review. Martuscello, Acting P. J., Latham, Shapiro, Cohalan and Benjamin, JJ., concur.

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Bluebook (online)

45 A.D.2d 751, 356 N.Y.S.2d 685, 1974 N.Y. App. Div. LEXIS 4731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-weinberg-v-johnston-nyappdiv-1974.