Opinion
Submitted September 24, 1968
Decided October 9, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. DILLON, J.
Ernest Spence, pro se, for motion.
Louis J. Lefkowitz, Attorney-General ( Robert S. Hammer of counsel), opposed.
Motion denied. So long as appellant's waiver of hearing and consent to commitment stand, there is no issue to be tried by a jury. Appellant, if so advised, may move to vacate such waiver and consent, upon proper grounds, if there be any.