People ex rel. Wheeler v. Johnston

Appellate Division of the Supreme Court of New York

People ex rel. Wheeler v. Johnston

18 A.D.2d 1113, 239 N.Y.S.2d 150, 1963 N.Y. App. Div. LEXIS 4010

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

DecidedApril 4, 1963

StatusPublished

This text of 18 A.D.2d 1113 (People ex rel. Wheeler 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. Wheeler v. Johnston, 18 A.D.2d 1113, 239 N.Y.S.2d 150, 1963 N.Y. App. Div. LEXIS 4010 (N.Y. Ct. App. 1963).

Pincite

Opinion

Appeal from an order of the Supreme Court, Clinton County, dismissing relator’s writ of habeas corpus and remanding him to respondent’s custody. Appellant seeks to question the propriety of his imprisonment at the Dannemora State Hospital. In People ex rel. Wheeler v. Johnston (14 A D 2d 931) we held on authority of People ex rel. Brown v. Johnston (9 N Y 2d 482) that he was entitled to a hearing on the issue of his sanity. Such a hearing has now been held and there is competent independent medical testimony that relator is still insane and in need of further hospitalization. Relator as we have repeatedly pointed out is not entitled to a jury trial on this issue (e.g., People ex rel. Powers v. Johnston, 17 A D 2d 872, motion for leave to appeal denied 12 N Y 2d 644). Order unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Appeal from an order of the Supreme Court, Clinton County, dismissing relator’s writ of habeas corpus and remanding him to respondent’s custody. Appellant seeks to question the propriety of his imprisonment at the Dannemora State Hospital. In People ex rel. Wheeler v. Johnston (14 A D 2d 931) we held on authority of People ex rel. Brown v. Johnston (9 N Y 2d 482) that he was entitled to a hearing on the issue of his sanity. Such a hearing has now been held and there is competent independent medical testimony that relator is still insane and in need of further hospitalization. Relator as we have repeatedly pointed out is not entitled to a jury trial on this issue (e.g., People ex rel. Powers v. Johnston, 17 A D 2d 872, motion for leave to appeal denied 12 N Y 2d 644). Order unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Bluebook (online)

18 A.D.2d 1113, 239 N.Y.S.2d 150, 1963 N.Y. App. Div. LEXIS 4010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-wheeler-v-johnston-nyappdiv-1963.