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Vitello v. State

351 N.E.2d 747, 39 N.Y.2d 847, 386 N.Y.S.2d 99, 1976 N.Y. LEXIS 2799
CourtNew York Court of Appeals
DecidedJune 2, 1976
DocketClaim No. 50937
StatusPublished

This text of 351 N.E.2d 747 (Vitello v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vitello v. State, 351 N.E.2d 747, 39 N.Y.2d 847, 386 N.Y.S.2d 99, 1976 N.Y. LEXIS 2799 (N.Y. 1976).

Opinion

[848]*848Memorandum. The order of the Appellate Division should be affirmed. Appellant failed to establish, as is necessary for a recovery, that he was sane at the time of his original commitment to Dannemora State Hospital or that he recovered his sanity at any time during his subsequent 29-year stay. (Dennison v State of New York, 28 AD2d 608, aifd 23 NY2d 996, cert den 397 US 923.) While not dispositive, it is significant to note that during the period in question appellant’s sanity was subject to judicial review on at least eight separate occasions. Each time his commitment to Dannemora State Hospital was sustained.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, without costs, in a memorandum.

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Related

Dennison v. State
246 N.E.2d 760 (New York Court of Appeals, 1969)
Dennison v. State
28 A.D.2d 608 (Appellate Division of the Supreme Court of New York, 1967)
Dennison v. New York
397 U.S. 923 (Supreme Court, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
351 N.E.2d 747, 39 N.Y.2d 847, 386 N.Y.S.2d 99, 1976 N.Y. LEXIS 2799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitello-v-state-ny-1976.