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People ex Rel. Carroll v. Herold

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 1967
27 A.D.2d 958 (N.Y. App. Div. 1967)

Opinion

April 6, 1967


Application to renew petition for writ of habeas corpus granted, and upon such renewal the court adheres to its prior decision ( 27 A.D.2d 687). Since petitioner's term of imprisonment has not expired, his detention at the hospital is not subject to review by habeas corpus ( People ex rel. Conover v. Herold, 24 A.D.2d 773, mot. for lv. to app. den. 16 N.Y.2d 488). People ex rel. Brown v. Johnston ( 9 N.Y.2d 482) is not to the contrary, the statute involved having since been amended to afford petitioner a hearing upon the question of his sanity (L. 1962, ch. 393). Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.


Summaries of

People ex Rel. Carroll v. Herold

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 1967
27 A.D.2d 958 (N.Y. App. Div. 1967)
Case details for

People ex Rel. Carroll v. Herold

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. LAURENCE CARROLL, Relator, v…

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

Date published: Apr 6, 1967

Citations

27 A.D.2d 958 (N.Y. App. Div. 1967)

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