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People ex Rel. Chiert v. McNeill

Appellate Division of the Supreme Court of New York, Second Department
Sep 28, 1953
282 App. Div. 843 (N.Y. App. Div. 1953)

Opinion

September 28, 1953.


In 1948 the relator's friend was committed to Matteawan State Hospital under sections 658 et seq. of the Code of Criminal Procedure. In 1952 (cf. Mental Hygiene Law, § 76) the relator brought this habeas corpus proceeding to obtain the inmate's release on the ground that he is capable of understanding the criminal charge against him, the proceedings in connection therewith, and to make his defense thereto. On the return of the writ the relator demanded a jury trial as of right, and the application was denied. The relator did not offer any proof of mental condition, and the writ was dismissed and the inmate remanded to the hospital. Order affirmed, without costs. No opinion. Nolan, P.J., Adel, MacCrate, Schmidt and Beldock, JJ., concur.


Summaries of

People ex Rel. Chiert v. McNeill

Appellate Division of the Supreme Court of New York, Second Department
Sep 28, 1953
282 App. Div. 843 (N.Y. App. Div. 1953)
Case details for

People ex Rel. Chiert v. McNeill

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. HARRY CHIERT, on Behalf of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 28, 1953

Citations

282 App. Div. 843 (N.Y. App. Div. 1953)