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People ex Rel. Clute v. McMann

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 1967
28 A.D.2d 1165 (N.Y. App. Div. 1967)

Opinion

November 17, 1967


MEMORANDUM BY THE COURT. Appeal from a judgment of the Supreme Court at Special Term in Clinton County which dismissed, without a hearing, a writ of habeas corpus predicated upon allegations that relator, who is confined in Clinton Prison under a one-day to life sentence, is not receiving adequate psychiatric treatment. Special Term found no factual allegations sufficient to require a hearing. It is interesting to note, although not as determinative of this appeal, that the adequacy of the psychiatric care afforded relator has been considered, tangentially at least, in two previous proceedings, one of which came to us on appeal. (See People v. Clute, 25 A.D.2d 575.) Judgment affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.


Summaries of

People ex Rel. Clute v. McMann

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 1967
28 A.D.2d 1165 (N.Y. App. Div. 1967)
Case details for

People ex Rel. Clute v. McMann

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. DAVID CLUTE, Appellant, v…

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

Date published: Nov 17, 1967

Citations

28 A.D.2d 1165 (N.Y. App. Div. 1967)