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People ex Rel. Lederer v. Johnston

Appellate Division of the Supreme Court of New York, Third Department
Dec 28, 1962
18 A.D.2d 737 (N.Y. App. Div. 1962)

Opinion

December 28, 1962

Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.


Appeal from an order of the Supreme Court, Clinton County, dismissing relator's petition for a writ of habeas corpus after a hearing and remanding relator to the custody of respondent. Relator was afforded a hearing and thus the requirements of People ex rel. Brown v. Johnston ( 9 N.Y.2d 482) have been met. Relator is not as he suggests entitled as a matter of right to a trial by jury on the question of his sanity ( People ex rel. Woodbury v. Hendrick, 215 N.Y. 339; People ex rel. Peabody v. Chanler, 133 App. Div. 159). On the present record we find that the court below in the proper exercise of its discretion could refuse to grant a jury trial on this issue ( People ex rel. Powers v. Johnston, 17 A.D.2d 872). Order unanimously affirmed, without costs.


Summaries of

People ex Rel. Lederer v. Johnston

Appellate Division of the Supreme Court of New York, Third Department
Dec 28, 1962
18 A.D.2d 737 (N.Y. App. Div. 1962)
Case details for

People ex Rel. Lederer v. Johnston

Case Details

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

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

Date published: Dec 28, 1962

Citations

18 A.D.2d 737 (N.Y. App. Div. 1962)
235 N.Y.S.2d 513