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People ex Rel. Washington v. Johnston

Appellate Division of the Supreme Court of New York, Third Department
Dec 2, 1960
12 A.D.2d 673 (N.Y. App. Div. 1960)

Opinion

December 2, 1960


Appeal from an order of the Supreme Court which dismissed a writ of habeas corpus. Relator contends that he was illegally transferred from Clinton Prison to Dannemora State Hospital, and that he was inadequately represented by assigned counsel during his trial. The transfer to Dannemora State Hospital is authorized by section 383 Correct. of the Correction Law. Once a valid commitment has been made the place of detention is an administrative matter not reviewable by habeas corpus. ( People ex rel. Sacconanno v. Shaw, 4 A.D.2d 817.) Likewise, relator's contention that he was not adequately represented by assigned counsel at his trial is not subject to review by habeas corpus. Order unanimously affirmed, without costs.

In decisions Nos. 1-50 the court is as follows: Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.


Summaries of

People ex Rel. Washington v. Johnston

Appellate Division of the Supreme Court of New York, Third Department
Dec 2, 1960
12 A.D.2d 673 (N.Y. App. Div. 1960)
Case details for

People ex Rel. Washington v. Johnston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSEPH E. WASHINGTON…

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

Date published: Dec 2, 1960

Citations

12 A.D.2d 673 (N.Y. App. Div. 1960)

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