Opinion
November 16, 1961
Present — Bergan, P.J., Coon, Gibson, Reynolds and Taylor, JJ.
Appeal from an order of the Supreme Court, Clinton County, dismissing a writ of habeas corpus after a hearing. Relator entered a plea of guilty on September 25, 1952 to robbery, second degree in Kings County Court to cover an indictment charging a number of felonies including robbery, first degree, committed on August 1, 1952. Before sentence thereon and on November 19, 1952 relator was arraigned on a prior felony information charging him with a conviction on January 5, 1944 in the same court of the crime of attempted grand larceny, second degree, for which he was committed to the Elmira Reformatory. He admitted the previous conviction and waived the two days' notice of sentence and was sentenced as a second felony offender to Sing Sing Prison for a term of 7 1/2 to 15 years. The present writ was applied for by relator on April 18, 1960, the petition alleging that his imprisonment was illegal upon the grounds that on August 1, 1952, when he committed the crime of which he was convicted on September 25, 1952, he was insane and should have been returned to Matteawan State Hospital, and that the court should have called the Superintendent of Matteawan to testify before sentencing him and that the Kings County Court lacked jurisdiction to accept his plea of guilty. Supreme Court, Clinton County dismissed the writ of habeas corpus following a hearing of June 6, 1960 and relator appeals. The intervening history is pertinent to the resolution of the case. Relator was indicted in 1949 by the Kings County Grand Jury on two counts of robbery, second degree. He plead not guilty to both indictments, with a specification of insanity and was thereafter sent to Kings County Hospital for observation. Kings County Hospital reported on June 6, 1949 that he was unable to understand the nature of the charges and to make a defense and the court committed him to Pilgrim State Hospital. On July 7, 1949 relator was pronounced recovered by Pilgrim State, but at the court's direction he was sent to Kings County Hospital for re-examination. The Kings County Hospital reported that he was still unable to understand the nature of the charges and to make a defense, whereupon, on August 22, 1949, with consent of his counsel, he was committed to Matteawan State Hospital. On July 15, 1952 relator appeared in County Court, Dutchess County, on a writ of habeas corpus contending that he was then able to stand trial on the 1949 robbery charges. After a hearing, however, he was remanded by the Dutchess County Court to the Matteawan State Hospital for further treatment. Thirteen days later on July 28, 1952 relator escaped from Matteawan and was at large until August 3, 1952. He was thereafter indicted for the crimes of kidnapping, robbery, first degree, grand larceny, first degree and assault, second degree, committed on August 1, 1952, during the period following his escape from Matteawan. The Kings County Court then committed relator to the psychiatric division of the Bellevue Hospital which reported that relator was sane, and was capable of understanding the charges against him and of making his defense. At a hearing held on the report pursuant to section 662 of the Code of Criminal Procedure relator's counsel offered no objection to the report and it was accordingly confirmed by the court. Prior to accepting the plea of guilty as heretofore referred to the court interrogated relator to determine if he understood the meaning and significance of the plea. At all stages relator was represented by counsel. In October, 1953 relator brought a writ of error coram nobis to vacate the judgment of conviction, on substantially the same grounds as herein. Hearings on this motion, at which relator was represented by counsel, were held in November, 1953 and April, 1954. Relator was transferred to Dannemora State Hospital in 1955 returning to Clinton Prison in August of 1956. By order dated October 2, 1956 relator's application for coram nobis was denied by Judge SOBEL. His memorandum decision (N.Y.L.J., Sept. 13, 1956, p. 10, col. 8) reads in part as follows: "On the basis of the hearing, and upon all of the records of this court and psychiatric reports which were made part of the hearing, I make the following findings. I find as a matter of fact that the defendant was not insane on August 1, 1952, the date of the commission of the crime. I find as a matter of fact that defendant was not insane and was fully capable of understanding the nature of the charge against him and making his defense on September 25, 1952, the date of his plea, and November 19, 1952, the date of his sentence. I find as a matter of law that the defendant has not been deprived of due process pursuant to the standards set forth in the State Constitution and applicable provision of the Code of Criminal Procedure." Relator's basic contention, as previously stated, is that his conviction was improper because he was insane on August 1, 1952 when he committed the crime for which he was convicted. He avers that the Kings County Court should have called the Superintendent of the Matteawan State Hospital to establish such fact. We cannot agree. The psychiatric examination pursuant to sections 658, 659, 660 and 661 of the Code of Criminal Procedure and the hearing thereon were for the sole purpose of determining relator's ability at the time of trial to understand the nature of the charges against him and to make his defense (Code Crim. Pro., § 662-c). To this end there was complete compliance with the Code of Criminal Procedure. If relator wished to call the Superintendent of Matteawan to rebut the report of the Bellevue psychiatrist this was his prerogative but we see no such obligation on the part of the court. Instead he made no objection and the report was confirmed by the court with his consent. There was no question raised as to his sanity at the time of his plea. The merits have been passed on twice and denied on the writs of coram nobis. Additionally, here, it is apparent that the trial court had jurisdiction of the relator and of the crimes, with which he was charged, and he is detained pursuant to the judgment of this court and since his term has not expired, habeas corpus is not available to him ( People ex rel. Sedlak v. Foster, 299 N.Y. 291). Order unanimously affirmed.