People v. Curran

Appellate Division of the Supreme Court of New York

People v. Curran

27 A.D.2d 701, 276 N.Y.S.2d 966, 1967 N.Y. App. Div. LEXIS 5010

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

DecidedJanuary 19, 1967

StatusPublished

This text of 27 A.D.2d 701 (People v. Curran) 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 v. Curran, 27 A.D.2d 701, 276 N.Y.S.2d 966, 1967 N.Y. App. Div. LEXIS 5010 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order unanimously reversed and matter remitted to Monroe County Court for a hearing. Memorandum: The petitioner alleges among other things that he was legally insane at the time of his plea of guilty on November 12, 1957. In support of this claim, he alleges that in 1956 he was a patient in the psychopathic ward of the Monroe County Hospital; that while serving his sentence in Attica he was transferred to Dannemora State Hospital, and when returned to Attica was placed under psychiatric supervision. These allegations are not denied or refuted, therefore he is entitled to a hearing and an opportunity to present his proof (People v. Drake, 15 N Y 2d 626). (Appeal from order of Monroe County Court denying, without a hearing, motion to vacate a judgment of conviction for grand larceny, first degree, rendered November 12, 1957.) Present — Williams, P. J., Goldman, Henry, Del Veechio and Marsh, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously reversed and matter remitted to Monroe County Court for a hearing. Memorandum: The petitioner alleges among other things that he was legally insane at the time of his plea of guilty on November 12, 1957. In support of this claim, he alleges that in 1956 he was a patient in the psychopathic ward of the Monroe County Hospital; that while serving his sentence in Attica he was transferred to Dannemora State Hospital, and when returned to Attica was placed under psychiatric supervision. These allegations are not denied or refuted, therefore he is entitled to a hearing and an opportunity to present his proof (People v. Drake, 15 N Y 2d 626). (Appeal from order of Monroe County Court denying, without a hearing, motion to vacate a judgment of conviction for grand larceny, first degree, rendered November 12, 1957.) Present — Williams, P. J., Goldman, Henry, Del Veechio and Marsh, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

27 A.D.2d 701, 276 N.Y.S.2d 966, 1967 N.Y. App. Div. LEXIS 5010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-curran-nyappdiv-1967.